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Home My WebLink About972454.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT REQUIRING THE MANAGEMENT OF LEAFY SPURGE AND CANADA THISTLE ALONG COMMON WATERWAYS AND COUNTY BORDERS AND AUTHORIZE CHAIR TO SIGN 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 Intergovernmental Agreement Requiring the Management of Leafy Spurge and Canada Thistle Along Common Waterways and County Borders among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Pest and Weed Department, and the Counties of Adams, Boulder, Larimer, and Morgan, commencing upon full execution of said agreement, and ending one year from signing date, with further 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 Intergovernmental Agreement Requiring the Management of Leafy Spurge and Canada Thistle Along Common Waterways and County Borders among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Pest and Weed Department, and the Counties of Adams, Boulder, Larimer, and Morgan, 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 24th day of November, A.D., 1997. BOARD OF COUNTY COMMISSIONERS "'I'i WELD UNTY, COLOPADO A . 4 . / -ATTEST: ,1 , i/my c uSi �� e < ` ` ,4tarr George E(Baxter, Chair Weld Co .ty I ,{ 2 jJ i , % 4 �� ea) i ..' ,' ance L. Harb rt, ro- em � ..��A.yrr;�v Deputy Cle a :oard Dale K. Hall AP AS TO FORM: I it_. arbar//aJ. Kirkmeyer )_ /�, „ ounty Attorliey il it J2, 10 0 W. Hr ebster 972454 a{r'w EG0036 fit /1U11iv7s Zau/der; LL&r/mer; Act:leo ) no,cA INTERGOVERNMENTAL AGREEMENT REOUIRING THE CONTROL OF LEAFY SPURGE AND CANADA THISTLE ALONG COMMON WATERWAYS AND COUNTY BORDERS THIS INTERGOVERNMENTAL AGREEMENT is entered into this,* of A/o v. 1997, by and between the Counties of ADAMS, BOULDER, LARIMER, MORGAN, and WELD, State of Colorado,by and through their respective Boards of County Commissioners, whose offices are located at the addresses listed below, and which are referred to collectively herein as "the Counties." WITNESSETH: WHEREAS,pursuant to the Colorado Constitution, Article XIV, Section 18(2)(a) Sections 29-1-203 and 35-5.5-105(3), C.R.S., as amended, Counties may cooperate or contract with each other to provide for the integrated management of noxious weeds within their respective territorial jurisdictions,and any such contract may provide for the sharing of costs,the imposition of taxes, and the incurring of debt; and WHEREAS, the weed commonly known as "leafy spurge" and "Canada thistle" are weed species found throughout Colorado which, if allowed to spread, may cause great damage to private and public lands, and WHEREAS, leafy spurge and Canada thistle have the tendency to spread along common waterways and rights-of-way, and WHEREAS, the Counties desire to enter into this Intergovernmental Agreement for the purpose of management of leafy spurge and Canada thistle along their common waterways and rights-of-way. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the counties agree as follows: 1. MANAGEMENT OF LEAFY SPURGE: The Counties agree to require the management of leafy spurge along waterways within their jurisdiction. The term"management" shall be defined to include those means of biological, chemical, cultural, or mechanical management which each county determines to be encouraged as part of the county's integrated noxious weed management plan, adopted pursuant to C.R.S. § 35-5.5-105. Page 1 of 4 Pages 972454 2. MANAGEMENT OF CANADA THISTLE: The Counties agree to require the management of Canada thistle within one mile of, but not exceeding, county lines. The term "management" shall be defined to include those means of biological, chemical, cultural, or mechanical management which each county determines to be encouraged as part of the county's integrated noxious weed management plan, adopted pursuant to C.R.S. § 35-5.5-105. 3. SUBMISSION OF MANAGEMENT GRANT PROPOSAL: The Counties shall collectively investigate grant proposal opportunities and pursue those greeable to the counties for the purpose of managing leafy spurge and Canada thistle, as described in Paragraphs 1 and 2 above. Any such proposal shall include, at a minimum,the following: a. Statement of needs; b. Project abstract and measurable objectives; c. Copy of this Intergovernmental Agreement; d. Map of the area in each county where Canada thistle and leafy spurge will be managed in accordance with terms of this Intergovernmental Agreement; e. Necessary financial information such as in-kind and cash resources to be provided and income expected. 4. TERM: This Intergovernmental Agreement shall extend for one year from the date of signing herein, and shall be renewed automatically for additional one year periods thereafter, unless sooner terminated. Each county has the right to terminate its participation in this Intergovernmental Agreement for the following year by sending notice of its desire to so terminate,by first class mail,to each of the Counties at the addresses set forth below, at least thirty (30) days prior to the automatic renewal date. 5. NO SPENDING OF COUNTY FUNDS REQUIRED: The Counties agree and understand that they are not required to spend,by virtue of the terms and duties set forth in this Intergovernmental Agreement, county funds which are not otherwise appropriated for the purpose of noxious weed management in accordance with each county's noxious weed management plan. Page 2 of 4 Pages 972454 6. SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable,this Agreement shall be construed and enforced without such provision to the extent that this Agreement is then capable of execution within the original intent of the parties hereto. 7. NO THIRD PARTY BENEFICIARY ENFORCEMENT. 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. 8. MODIFICATION AND BREACH. This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever,unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. 9. NO WAIVER OF IMMUNITIES: 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 create a duty of care with respect to any persons not a party to this Agreement. IN WITNESS WHEREOF, each County which is a party hereto has duly authorized its Chairman of its Board of County Commissioners to sign below. Page 3 of 4 Pages 972454 its:* ATTEST: COUNTY OF ADAMS, STATE OF COLORADO I / /� 450 SOUTH 4TH AVENUE f:I� ��, � BRIGHTON, CO 80601 gipp��, By: c CiLo BY: a�7� L ��u�J De ty Cler o the Boated Marty Flaum, �an ,swV 7 APPROVFD AS TO FORM a- Page 4 of 4 Pages 972454 FILE No.188 12/02 '97 10:35 ID:WELD CTY GOVT FAX:9703520242 PAGE 5 I': COUNTY Ole l OtII.I)ltR S'l'A'I'R OI' COLOItAUO I'.O. liOX 471 IIO(11,1)1r?.1 CO 80306 IIY/1s!a //]] +cn�. .• . 14Y: .—l413 t Gitd._��5( �^� " ' . . Deputy Clerk l0 the Bard Ronald Stewart, Chairman la/2197 SEAL Op 11i , * W w+' x der �r ..t 1Lt• �� COO NP,CJOfr • •1R I'age 4 or Pages 972454 ATTEST: COUNTY OF LARIMER STATE OF COLORADO P.O. BOX -190 FORT CO►_.,NS, CO 80523 BY: idyL �i i Deputy Cie*to the Board Ji • Disney, Cha . r Dios 11-75 `0 APPROVED C:i'L:DIA A&: AlW" F?S Y Page 4 of 4 Pages 972454 ATTEST: COUNTY OF MORGAN STATE OF COLORADO P.O. BOX 1399 FORT MORGAN,�CO�80701 By: \�C eft BY: 1162�.� ZAtt_ �> >/a. lerlc t e Board gm Crosthwait, Chairman Page 4 of 4 Pages 972454 ATTEST: 4 COUNTY OF WELD • / STATE OF COLORADO Iii,t �� • i 915 10TH STREET `✓ (:4 4e. GREELEY, 80632 '` ' )� BY: _�._�..aktSvi.C�'�7--t BY: �� iep 'St:, �aja '' t ,ir - _ George W axter, Chairman (12/08/97) dig Page 4 of 4 Pages M:\W PFILES\AGREE\LEAFYREV.BTB 972454 S. yri \. / \ N Boulder Jt ! County MEMUNI OF (COMMISSIONERS ACTION TO: Parks & Open Space, County Attorney, Finance FROM: Commissioners Office ' SUBJ: Weed IGA This is to advise you that the Board of County Commissioners took the following action on this matter during a public meeting held DECEMBER 2, 1997 ( XXX ) APPROVED ( ) DENIED ( ) OTHER COMMENTS: DIRECTION GIVEN AT MEETING FOR A LETTER TO BE ATTACHED TO IGA. Document distribution ORIG: POS - Cat (ORIGINAL SIGNATURES ON FAXED COPY) COPY: CA - Ruth COPY: BOCC - Agenda File COPY: Finance - Virginia Distributed by: mjr AGENDA ITEM # 1a 972454 • Boulder\\f COVER SHEET FOR CONTRACTS County / kkG2.;tt. . ( ) NEW ( ) RENEWAL ( ) OTHER NUMBER OF ORIGINALS From Phone # Contractor Purpose (x xi, 6) 'A Amount ( ) Expenditure ( ) Revenue ( ) Other Funding Source: ( ) County Account Code ( ) Other Bid Information: Bid # Date of BOCC approval OR ( ) BOCC-approved bid waiver is attached OR ( ) Request for BOCC to approve bid waiver is attached OR ( ) Bid not applicable COMMENTS EO/DH APPROVAL I verify that the expenditure is within my approved budget, that the terms of the contract were negotiated under my direction, that my department can and will carry out the terms, that no conflict of interest exists and that the contract has been proofread. signed Date S:S. :.%:Cti9ti".r5S.R1Yd...^.ti:2k.5sYZ. iC fi8 Y:%C" ..Y3#.SY....:R9::4SG::S:MOWS:= :9Y6.. r .I3FVIFW. 1. COUNTY ATTO EY DATE RECEIVED nFC I have reviewed th docume and verily pforceability & compliance with applicable law. _ Signed � C . If �L Date nFr 2 Comment 72(1, C-� (Al 1/4 J 2 . RISR MANAGEMENT DATE RECEIVED I have reviewed the document and verify insurance certificates are in compliance. Signed Date Comments 3. FINANCE DATE RECEIVED I have reviewed the document and verify compliance with purchasing policies 6' budget requirements. Signed Date Comments � � � �� __ g454 I cy j e,..�4- tirc^ Last rsion: March 1996 CcJ/_Y-e-�-'� 1,1-.2.9'7 n,.. COVER SHEET FOR CONTRACTS • INFORMATION ( ) NEW ( ) RENEWAL ( ) OTHER - NUMBER OF ORIGINALS From �Cr/1lLp i/ //\\ 1D2SO ) 64— Phone # V3177L Contractor ---Y4ertn ' � nt°S n . mama, :end /),g4.1 ('crwth 4 (1 Purpose a � da. iS i12anq en n nz n✓ Purpose ;o3,7r� ff L r ` 3 wi ci d aniu Amount 9( �Sd ( ) Expenditure ( ) Revenue ( ) Other Funding Source: ( ) County Account Code rCL- ( ) Other Bid Information: Bid # Date of BOCC approval OR ( ) BOCC-approved bid waiver is attached 116-OR ( ) Request for BOCC to approve bid waiver is attached OR ( ) Bid not applicable COMMENTS rh1L191 D Yrlu/n"-- 62"- t' ,2 h4s - 7,D bae (c vi- 7u V (JYi�I� 7� EO/DH %Pm. - s 44-1., k B tr, c APPROVAL I otiay that the expenditure ithattmy department canuandtwillthat c rythe terms out thefterms, that contract no were of negotiated under my direction, interest exists and that the contract has been proofread, Date I Zlo �`?7 Signed ( � - REVIEW 1. COUNTY ATTORNEY DATE RECEIVED I have reviewed the document and verify enforceability -f compliance with applicable law. Date Signed • Comments • 2 . RISK MANAGEMENT DATE RECEIVED I have reviewed the doc t and i y surance certificates are in compliance.-Signed /� Date ////26/97 Comments • 3 . FINANCE DATE RECEIVED I have reviewed the document and verify compliance with purchasing policies i budget requirements. Date Signed Comments 2t� �2 n ev e b 12� 97 45 Last Revision: arc : 1,6 Hello