HomeMy WebLinkAbout20143432.tiff RESOLUTION
RE: APPROVE FORM OF WELD COUNTY CHEMICAL WEED CONTROL COST SHARE
AGREEMENT AND DELEGATE AUTHORITY TO THE WEED DIVISION SUPERVISOR
TO APPROVE SAID AGREEMENTS
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 a Form of the Weld County Chemical
Weed Control Cost Share Agreement between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Weld County
Department of Public Works, and certain landowners who qualify, commencing upon full
execution of said agreements, with further terms and conditions being as stated in said
agreement form, and
WHEREAS, after review, the Board deems it advisable to approve the form of 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 Form of the Weld County Chemical Weed Control Cost Share
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Department of Public Works, and
certain landowners who qualify be, and hereby is, approved.
BE IT FURTHER RESOLVED that the Board hereby delegates authority to the Weed
Division Supervisor of the Department of Public Works, to approve and sign said agreements with
various landowners meeting the criteria in the form of said agreements.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of November, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:W. (4 ` Aja.a,, EXCUSED
G ,` 1 L Douglas Rademac er,Chair -
Weld County Clerk to the B.'d .. �`
11861 •*2$Iarbara Kirkmeye , Pro-Tem
BY: (1 r,Cr 0 Q 0 /1 h 'z;a�` ♦ ���
D�pljty Clerk to the Bo dy
r
%``(�w°‘ Sean P. Conway
Th
APP O FORM:
Mike Fre n
unty Attorney
Wil am F. Garcia
Date of signature: II/IL
2014-3432
CG :2w "f EG0070
-4)2.244
7 11 r ! MEMORANDUM
coy _
TO: Clerk to the Board DATE:r October 28,22j01114�
FROM: Tina Booton, Public Work— J A/1��._. � ^x�t��\
Jay cDonald, D' 9tor of Public Works
�ibAJc9 rc.,60
SUBJECT: Agen em
1. Delegation of Authority should be made to the Weed Division Supervisor, not a named
individual,for issuing the cost-share applications with landowners to address noxious weeds
on their properties.
2. The cost-share applications have been reviewed and updated according the County Attorney
Bob Choate. The applications have been consolidated to reflect three programs: 1. Weld
County funds;2. West Greeley Conservation District funds;and 3.Eradication species whose
funding comes from multiple sources.
Please add this item to the agenda for Monday,November 3,2014.
2014-3432
WELD COUNTY CHEMICAL WEED CONTROL COST SHARE AGREEMENT
THIS AGREEMENT is by and between , whose address is
("Landholder"), and Weld County,
Colorado, by and through the Weld County Public Works Department, whose address is P.O.
Box 758, Greeley, CO 80632 ("County").
WHEREAS, County is offering to landowners who qualify a Chemical Weed Control
Cost Share Program for the 20 Summer and Fall weed seasons, and
WHEREAS, Landholder owns or leases property in unincorporated Weld County and
WHEREAS, Landholder desires to participate in the Cost Share Program, and agrees to
pay all necessary costs and fees and abide by all of the conditions stated in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants stated
herein, the parties agree as follows:
1. NOXIOUS WEED SPECIES IDENTIFIED: The weed species "checked" below
have been identified to exist on the Landholder's property:
❑ Canada Thistle (Cirsium ravens)
❑ Dalmatian Toadflax (Linaria dalmatica)
❑ Diffuse Knapweed (Centaurea diffusa)
❑ Field Bindweed (Convolvulus arvensis)
❑ Leafy Spurge (Euphorbia esula)
❑ Musk Thistle (Carduus nutans)
❑ Perennial Pepperweed (Lepedium latifolium)
❑ Russian Knapweed (Acroptilon repens)
❑ Russian Olive (Elaeagnus angustifolia)
❑ Scotch Thistle (Onopordum acanthium)
❑ Spotted Knapweed (Centaurea maculosa)
❑ Tamarisk (Tamarix ramosissima)
❑ Other: suppression species:
These weed infestations will be mapped by a Weld County Field Technician and a
weed management plan for the property has been prepared.
2. APPLICATION OF CHEMICAL:
a. COUNTY AGREES: To cost share with the Landholder, on chemical
costs incurred by the Landholder in controlling the weed species checked
above on the property described above, on a 50%/50% basis, up to a
maximum total cost of $1000 ($500 paid by Landholder/$500 paid by
County). The herbicide used by the landowner must be approved by the
County prior to application. County shall pay its share to Landholder
within 30 days after Landholder submits to County a receipt for full
Page 1 of 5 Pages
payment of the costs of chemical and commercial application, if used.
Commercial application means service provided by a Colorado
Department of Agriculture licensed commercial applicator. Weld County
will verify all lands submitted for cost-share and help create a
management plan before the treatment is applied.
b. LANDHOLDER AGREES: To cost share with the County, on chemical
costs incurred by the Landholder in controlling the weed species checked
above on the property described above, on a 50%/50% basis, up to a
maximum total cost of $1000 ($500 paid by Landholder/$500 paid by
County). The herbicide used by the landowner must be approved by the
County prior to application. Landholder shall submit to County, within 30
days after Landholder submits to County a receipt for full payment of the
costs of chemical and commercial application, if used. Commercial
application means service provided by a Colorado Department of
Agriculture licensed commercial applicator.
3. TERM: This Agreement shall be in effect for the term beginning upon signature
and ending upon completion of the cost share program described above or, at the
latest, by November 15 of the current year.
4. INDEMNIFICATION AND HOLD HARMLESS: Landholder agrees to
indemnify against liability and to save harmless County from any liability or
damages County may suffer as a result of claims, demands, costs, or judgments
instituted against County, its agents, employees, invitees, or any person claiming
through them, arising out of Landholder's, his agents' or employees' negligence
or intentional acts in the course of applying the chemical and/or the reseeding
and/or revegetation work contemplated herein, or arising from any accident,
injury or damage, however caused, including the acts and omissions of third
parties, to any person or persons, or to the property of any person, or corporation
occurring during or arising out of applying the chemical and/or the reseeding
and/or revegetation work contemplated herein.
Landholder further agrees to hold harmless and defend County, by counsel
reasonably satisfactory to the County, against all claims and demands arising out
of Landholder, his agents or employees, applying the chemical and/or the
reseeding and/or revegetation work contemplated herein, no matter whether such
claims are made informally, in arbitration or mediation proceedings, or in court
proceedings.
5. SEVERABILITY: 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
Page 2 of 5 Pages
by law.
6. NO WAIVER OF IMMUNITY: 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.
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.
Page 3 of 5 Pages
WELD COUNTY CHEMICAL WEED CONTROL COST SHARE AGREEMENT
THIS AGREEMENT is by and between , whose address is
("Landholder"), and Weld County, Colorado,
by and through the Weld County Public Works Department, whose address is P.O. Box 758, Greeley, CO
80632 ("County").
The following legal description is for the property that is entered into this agreement.
T. R. S. Parcel Number:
The following"checked" noxious weed species have been identified to exist on the property.
❑ Canada Thistle (Cirsium ravens)
❑ Dalmatian Toadflax (Linaria dalmatica)
❑ Diffuse Knapweed (Centaurea diffusa)
❑ Field Bindweed (Convolvulus arvensis)
❑ Leafy Spurge (Euphorbia esula)
❑ Musk Thistle(Carduus nutans)
❑ Perennial Pepperweed (Lepedium latifolium)
❑ Russian Knapweed (Acroptilon repens)
❑ Russian Olive(Elaeagnus angustifolia)
❑ Scotch Thistle (Onopordum acanthium)
❑ Spotted Knapweed (Centaurea maculosa)
❑ Tamarisk (Tamarix ramosissima)
❑ Other: suppression species:
I have read and agree to the terms in the cost share agreement. I understand the legal
responsibilities of both parties as set forth in the contract.
SIGNED this day of , 20
LANDHOLDER:
Phone Number:
WELD COUNTY, COLORADO, by and
through the WELD COUNTY PUBLIC
WORKS DEPARTMENT
BY:
Weed Division Supervisor
Page 4 of 5 Pages
WELD COUNTY CHEMICAL WEED CONTROL COST SHARE AGREEMENT
THIS AGREEMENT is by and between , whose address is
("Landholder"), and Weld County, Colorado,
by and through the Weld County Public Works Department, whose address is P.O. Box 758, Greeley, CO
80632 ("County").
The following legal description is for the property that is entered into this agreement.
T. R. S. Parcel Number:
The following"checked"noxious weed species have been identified to exist on the property.
❑ Canada Thistle (Cirsium ravens)
❑ Dalmatian Toadflax (Linaria dalmatica)
❑ Diffuse Knapweed (Centaurea diffusa)
❑ Field Bindweed (Convolvulus arvensis)
❑ Leafy Spurge (Euphorbia esula)
❑ Musk Thistle (Carduus nutans)
❑ Perennial Pepperweed (Lepedium latifolium)
❑ Russian Knapweed (Acroptilon repens)
❑ Russian Olive(Elaeagnus angustifolia)
❑ Scotch Thistle (Onopordum acanthium)
❑ Spotted Knapweed (Centaurea maculosa)
❑ Tamarisk (Tamarix ramosissima)
❑ Other: suppression species:
I have read and agree to the terms in the cost share agreement. I understand the legal
responsibilities of both parties as set forth in the contract.
SIGNED this day of , 20
LANDHOLDER:
Phone Number
WELD COUNTY, COLORADO, by and
through the WELD COUNTY PUBLIC
WORKS DEPARTMENT
BY:
Weed Division Supervisor
Page 5 of 5 Pages
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