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Home My WebLink About20143433.tiff RESOLUTION RE: APPROVE FORM OF WELD COUNTY CHEMICAL WEED CONTROL COST SHARE AGREEMENT THROUGH WEST GREELEY CONSERVATION DISTRICT 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 Through West Greeley Conservation District 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 Through West Greeley Conservation District 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. 2014-3433 EG0070 CC P 3 t‘1I3% FORM OF WELD COUNTY CHEMICAL WEED CONTROL COST SHARE AGREEMENT THROUGH WEST GREELEY CONSERVATION DISTRICT PAGE 2 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:Ch C� e'\S I�+ DquglasRademac er, Chair Weld County Clerk EXCUSED k to the B.�d ®` usi I C ?b% - 4e arbara Kirkme er, Pro-Te BY: D:ijty Clerk tot a Boti�� Ili NI' 'Sean `P. R VE FORM: E Y wQ-cl Mike Freeman my Attorney & arcia Date of signature: II/12 2014-3433 EG0070 1861 '' MEMORANDUM cowNTYj TO: Clerk to the Board DATE: October 28, 2014 FROM: Tina Booton,Public WorkT,(it/1W._eC Jay cDonald, D' for of Public Works o.tC SUBJECT: Agen em I. 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. 2014-3433 WELD COUNTY CHEMICAL WEED CONTROL COST SHARE AGREEMENT THROUGH WEST GREELEY CONSERVATION DISTRICT 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: ❑ Field Bindweed (Convolvulus arvensis) ❑ Diffuse Knapweed (Centaurea diffusa) ❑ Russian Knapweed (Acroptilon repens) ❑ Spotted Knapweed (Centaurea maculosa) ❑ Leafy Spurge (Euphorbia esula) ❑ Canada Thistle(Cirsium arvense) ❑ Musk Thistle (Carduus nutans) ❑ Scotch Thistle (Onopordum acanthium) ❑ Dalmatian Toadflax (Linaria dalmatica) ❑ Salt Cedar/Tamarisk (Tamarix ramosissima) ❑ Houndstongue (Cvnoglossum officinale) ❑ Perennial Pepperweed (Lepedium latifolium) ❑ Plumeless Thistle (Carduus acanthoides) ❑ Absinth Wormwood (Artemisia absinthium) ❑ Other: List A 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$1200 for the year ($600 paid by Landholder/$600 Page 1 of 5 Pages paid by County). Cost share money will only be provided for weed control in non-farmed ground. 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 payment of the costs of chemical and commercial application. 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. Each year there will be a decrease in the amount of funds available to a landowner. 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$1200 for the year ($600 paid by Landholder/$600 paid by County). Cost share money will only be provided for weed control in non-farmed ground. 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 payment of the costs of chemical and commercial application. 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. Each year there will be a decrease in the amount of funds available to a landowner. 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 Page 2 of 5 Pages 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 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 THROUGH WEST GREELEY CONSERVATION DISTRICT 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. ❑ Field Bindweed (Convolvulus arvensis) ❑ Diffuse Knapweed(Centaurea diffusa) ❑ Russian Knapweed (Acroptilon repens) ❑ Spotted Knapweed (Centaurea maculosa) ❑ Leafy Spurge (Euphorbia esula) ❑ Canada Thistle (Cirsium arvense) ❑ Musk Thistle (Carduus nutans) ❑ Scotch Thistle(Onopordum acanthium) ❑ Dalmatian Toadflax (Linaria dalmatica) ❑ Salt Cedar/Tamarisk(Tamarix ramosissima) ❑ Houndstongue (Cynoglossum officinale) ❑ Perennial Pepperweed (Lepedium latifolium) ❑ Plumeless Thistle (Carduus acanthoides) ❑ Absinth Wormwood (Artemisia absinthium) ❑ Other: List A 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 THROUGH WEST GREELEY CONSERVATION DISTRICT 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. ❑ Field Bindweed(Convolvulus arvensis) ❑ Diffuse Knapweed(Centaurea diffusa) ❑ Russian Knapweed (Acroptilon repens) ❑ Spotted Knapweed (Centaurea maculosa) ❑ Leafy Spurge (Euphorbia esula) ❑ Canada Thistle (Cirsium arvense) ❑ Musk Thistle(Carduus nutans) ❑ Scotch Thistle (Onopordum acanthium) ❑ Dalmatian Toadflax (Linaria dalmatica) ❑ Salt Cedar/Tamarisk(Tamarix ramosissima) ❑ Houndstongue (Cynoglossum officinale) ❑ Perennial Pepperweed (Lepedium latifolium) ❑ Plumeless Thistle (Carduus acanthoides) ❑ Absinth Wormwood (Artemisia absinthium) ❑ Other: List A 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 Hello