HomeMy WebLinkAboutbocc.res.116.2006
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING THE BOARD TO ENTER INTO
AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO
DEPARTMENT OF AGRICULTURE
Resolution No. #06- /lc,
Recitals
I. The Board of County CommissionerS-Df Pitkin County under the authority granted
pursuant to C.R.S. 11 29-1-201 and Article XIV, Section 10 of the Colorado Constitution
is hereby entering into an Intergovernmental Agreement with the Colorado Department of
Agriculture, hereinafter referred to as the State.
2. The purpose of the Intergovernmental Agreement (IGA), attached as Attachment
I, sets forth the respective responsibilities and obligations of the parties relating to the
financial cost sharing agreement of the Meadow Knapweed eradication project, attached
as Exhibit A and B, and the Child Ranch Project, attached as Exhibit C and D.
3. The Board of County Commissioners has determined that it is in the best interest
of the citizens of Pitkin County to enter into this Intergovernmental Agreement.
4. The intergovernmental agreement (IGA), as attachment #1 has been approved by
the County Attorney.
NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners that is
does hereby approve the Intergovernmental Agreement between Pitkin County and the
Colorado Department of Agriculture and authorizes the Chair to sign an
Intergovernmental in substantially the form attached as Attachment I, as approved by the
County Attorney.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE] 3th
DAY OF September, 2006.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 10th DAY OF September, 2006.
APPROVED UPON SECOND READING ON THE 27th DAY OF September, 2006.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN
TIMES WEEKLY ON THE 8th of October, 2006
.
I
By:_
Jean
Dep
BOARD OF COUNTY COMMISSIONERS
'l#~ ~
By: . r?-;t? -(}6
Michael C. Ire and, Chair
Date: fJt,o&
APPROVED AS TO FORM:
..~
~
.' .
J ohn.Ely, -CoUllty..AttOril'ey
- .'
. ...-------
<"'--'MANAGER APPROVAL:
'Y-i--
"
Agriculture
BAA
Contract Routing Number
07BAAOO 163
INTERGOVERNMENTAL AGREEMENT
This contract, made this 4th day of December, 2006. by and between the State of Colorado for the use and benefit of the
Department of Agriculture, Conservation Services Division, hereinafter referred to as the State, and Pitkin County,
hereinafter referred to as the Contractor.
RECITALS:
a) The Legislature created the Colorado Noxious Weed Act in CRS 35-5.5-101, et seq; and
b) Pursuant to CRS 35-5.5-108.5(2)(b)(I1) the Commissioner of the Department of Agriculture desires to provide
financial assistance for noxious weed eradication; and
c) Pursuant to the Colorado Noxious Weed Act, the Legislature empowered the Department of Agriculture to expend
monies from the fund through grants to communities, weed control districts or other entities the Department of
Agriculture considers appropriate for noxious weed management projects; and
d) Authority exists in law and funds have been budgeted, appropriated and otherwise made available, and a sufficient
unencumbered balance thereof remains available for payment under this agreement as specified herein; and
e) Required approval, clearance, and coordination has been accomplished;
NOW THEREFORE it is hereby agreed that:
1. Scope of Work
The Contractor shall carry out, in a lawful, diligent, and reasonable manner, the duties as set forth in Exhibit A
2. Performance Period
The contract shall be effective June I, 2006, or upon approval by the State Controller, or delegate, whichever date is later, and
extend through December 31, 2006.
3. Payment
The Contractor shall be paid an amount not to exceed $3.500 for the services perfonned in Exhibit A. Contractor shall furnish
the State with an invoice. number 24-2006, herein attached as Exhibit B, upon completion of the project.
The Contractor shall be paid an amount not to exceed $1,800 for the services perfonned in ExhibitC. Contractor shall furnish
the State with an invoice, number 25-2006, herein attached as Exhibit D, upon completion of the project.
The parties hereto expressly recognize that the Contractor is to be paid, or otherwise compensated with funds provided to the
State for the purpose of entering into agreements for the services provided for herein, and therefore, the Contractor expressly
understands and agrees that all of the Contractor's rights, demands, and claims to compensation arising under this agreement
are contingent upon receipt of such funds by the State. In the event that such funds are not received by the State, the State may
immediately terminate this agreement.
4. Insurance
A) The Contractor shall obtain, and maintain at all times during the term of this contract, insurance in the following kinds
and amounts:
I) Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all
of contractor's employees acting within the course and scope of their employment.
2) Commercial General Liability Insurance written on ISO occurrence form CG 0001 10193 or equivalent, covering
premises operations, fire damage, independent contractors, products and completed operations, blanket contractual
liability, personal injury, and advertising liability with minimum limits as follows:
a) $1,000,000 each occurrence;
Page I of 6
j
"
b) $1,000,000 general aggregate;.
c) $1,000,000 products and completed operations aggregate; and
d) $50,000 anyone fire.
If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the contractor shall
immediately obtain additional insurance to restore the full aggregate limit and furnish to the State
a certificate or other document satisfactory to the State showing compliance with this provision.
3) Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum
limit as follows: $1,000,000 each accident combined single limit.
B) The State of Colorado shall be named as an additional insured on the Commercial General Liability and Automobile
Liability Insurance policies (leases and construction contracts will require the additional insured coverage for completed
operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Coverage required of the contract will be primary
over any insurance or self-insurance program carried by the State of Colorado
C) The Insurance shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the
State by certified mail.
D) The contractor will require all insurance policies in any way related to the contract and secured and maintained by the
contractor to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise,
against the State of Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers.
E) All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to
the State.
F) The contractor shall provide certificates showing insurance coverage required by this contract to the State within 7 business
days of the effective date ofthe contract, but in no event later then the commencement of the services or delivery ofthe
goods under the contract. No later than 15 days prior to the expiration date of any such coverage, the contractor shall deliver
the State certificates of insurance evidencing renewals thereof. At any time during the tenn of this contract, the State may
request in writing, and the contractor shall thereupon within 10 days supply to the State, evidence satisfactory to the State of
compliance with the provisions of this section.
G) Notwithstanding subsection A of this section, if the contractor is a "public entity" within the meaning of the Colorado
Governmental Immunity Act CRS 24-10-10 I, et seq., as amended ("Act'), the contractor shall at all times during the tenn of
this contract maintain only such liability insurance, by commercial policy or self-insurance, as is necessary to meet its
liabilities under the Act. Upon request by the State, the contractor shaU show proof of such insurance satisfactory to the
State.
5. Maintenance of Records
The Contractor shall maintain a complete file of all records, communications, and other written materials which pertain to
the operation of the program and delivery of the services under this agreement, and shall maintain such records for each
year of this agreement and for a period of three (3) years from the date of final payment or tennination of this agreement.
6. Inspection of Records
The Contractor shall penn it the State to audit and/or inspect the Contractor's records for each year of this agreement and for
a period of three (3) years from the final payment or final date of this agreement, to assure compliance with the tenns of this
agreement and performance thereunder.
7. Third Partv Beneficiaries
It is expressly understood and agreed that the enforcement of the tenns and conditions of this contract and all rights of
action relating to such enforcement, shall be strictly reserved to the State and the named contractor. Nothing contained in
this agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express
intention of the State and the contractor that any such person or entity, other than the State or the Service, receiving services
or benefits under this agreement shaU be deemed an incidental beneficiary only.
Page 2 of 6
J./
8. Notices and Authorized Representatives
For the purpose of this contract, the persons named below are designated the representatives of the parties. All notice
required to be given by the parties shall be given by registered or certified mail to the representative named below. The
parties may designate in writing a new or substitute representative;
State
Contractor
Eric Lane
Colorado Dept. of Agriculture
700 Kipling St, Suite 4000
Lakewood, CO 802 I 5-8000
Ph. (303) 239-4182
Fax: (303) 239-4177
Jim Lewis
Pitkin County Natural Resources Division
76 Service Center Road
Aspen, CO. 8161 I
9. Severabilitv
To the extent that this contract may be executed and perfonnance of the obligations of the parties may be accomplished
within the intent ofthe contract, the terms of this contract are severable and should any tenn or provision hereof be declared
invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other tenn or
provision hereof. The waiver of any breach of a tenn hereof shall not be construed as waiver of any other term.
10. Intel!ration
This contract is intended as the complete integration of all understandings of the parties. No prior or contemporaneous
addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied hereto in writing.
No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless
embodied in a written amendment executed pursuant to the State Fiscal Rules.
II. Succession
Except as herein otherwise provided, the contract shall inure to the benefit of and be binding upon the parties hereto and
their respective successors and assigns.
\2. Amendment
During the period of this contract, all deviations in the contract scope and all period extensions shall require written
approval of the State Controller, or designee, in the fonn of a written amendment executed by the parties hereto in
accordance with the Fiscal Rules. All such amendments shall be executed prior to commencement of the change for which
the amendment is sought.
13. Assil!nment
The Contractor may not assign their rights or duties under this contract without the prior written consent of the State.
14. Termination for Convenience
The State may tenninate this contract by providing thirty days prior notice to the other party by certified mail, return
receipt requested. Ifnotice is so given, this contract shall tenninate on the expiration of the thirty days, and the liability of
the parties thereunder for the perfonnance of the tenns of the contract shall thereupon cease, but the parties shall not be
relieved of the duty to perfonn their obligations up to the date of the tennination. After delivery of the notice of
tennination, the Contractor shall not begin any new work, but to the extent practicable, shall complete all work in progress
within the thirty day period.
Page3 of 6
;)
15, Termination for Default
If, through any cause, the Contractor shall fail to fulfill, in a timely and proper manner, its obligations under this contract,
or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon
have the right to terminate this contract for cause by giving written notice to the Contractor of its intent to tenninate and at
least ten (10) days opportunity to cure the default or show cause why tennination is otherwise not appropriate. In the event
oftennination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and
reports or other material prepared by the Contractor under this contract shall, at the option of the State, become its
property, and the Contractor shall be entitled to receive just and equitable compensation for any services and supplies
delivered and accepted.
Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the
State by virtue of any breach of the contract by the Contractor, and the State may withhold any payment to the Contractor
for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the
Contractor is detennined.
If after such tennination it is detennined, for any reason, that the Contractor was not in default, or that the Contractor's
action/inaction was excusable, such tennination shall be treated as a tennination for convenience, and the rights and
obligations of the parties shall be the same as if the contract had been tenninated for convenience, as described herein.
16, Order of Precedence
In the event of conflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts or
inconsistencies shall be resolved by reference to the documents in the following order of priority:
I) Colorado Special Provisions, page 5.
2) Contract, pages I to 4.
Page 4 of 6
(p
"
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL. CRS 24-30-202 (1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he
may designate.
2. FUND AVAILABILITY. CRS 24-30-202 (5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made available.
3. INDEMNIFICATION.
TO the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State against any and all claims,
damages, liability and CQurt awards inducting costs, expenses, and attorney fees Incurred as a result of any act or omission by the
COntractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
No term or condition of this contract shaH be construed or interpreted as a waiver, express or implied, of any of the immunities,
rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24-10'101 et seq. or
the Federal Tort Claims Act, 28 U.s.e. 2671 et seq. as applicable, as now or hereafter amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE.
NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN
AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME
TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES
THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTInED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE
CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE
SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS DR IMPUED, TO BIND THE STATE TO ANY
AGREEMENTS, UABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND
KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND
UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR
THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS.
5. NON-DISCRIMINATiON.
The Contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and
unfair employment practices.
6. CHOICE OF LAW
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution,
and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for
arbitration by any extra.judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be
considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any
other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense, or otherwise. Any provision rendered null and void by the operation of this provision wjJJ not invatidate the remainder of this
contract to the extent that the contract is capable of execution.
At aU times during the pertormance of this contract, the Contractor shall strictly adhere to aU applicable federal and state laws, rules,
and regulations that have been or may hereafter be established.
7. SOFTWARE PIRACY PROHIBITION Governor's Executive Order 0 002 00
No State or other public funds payable under this Contract shall be used for the acquisition, operation, or maintenance of computer
software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the
term of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use
of publiC funds. If the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy
available at law or equity or under this Contract, including, without limitation, immediate termination of the Contract and any remedy
consistent with United States copyright laws or applicable licensing restrictions.
8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507
The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever
In the service or property described herein.
Page 5 of 6
1
:.
_Pitkin County
Legal Name of Contracting Entity
THE PARTIES HERETO HAVE EXECUTED TillS CONTRACT
STATE OF COLORADO:
.B BII~LL ow /:,GOYER. NOR
;~~?~- ~.
Sheldon R Jones, Deput ommissioner
Department of,A!l.ri'iulture
Date: I '2.- CiJ IU lc.,
CONTRACTOR:
_846000794 A
Social Security Number or FEIN
LEGAL REVIEW:
John W. Suthers, ATTORNEY GENERAL
M l (~,*kL C 1.2 bo L ""IJ L::::.
Print Name & Title of Authorized Officer
(~^~
e,OCC
By
Date:
N/A
CORPORATIONS:
(A c~ltr'F!, or attestation is required.)
'..> ::.==" i.\
~'f ....-t"'1!' \ "7:'
''''\ .,...0",.. "~tJ. ~ or r
,{~' t:;.)'~:;t'<ft- l~P ~
<'i'~ -""'l-
',';- ,->.,."-,,,. 1" .......-,:
"I"".~-t,i ',t} \-. Jt' I
';\\'i.~,' ~.:
Attest (Seal) By ·
(Corpor
ALL ONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts, This contract is not valid until the State
Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to hegin performance
until the contract is signed and dated below, If performance begins prior to the date below, the State of Colorado may
not be obligated to pay for the goods and/or services provided,
STATE CONTROLLER:
Leslie M, Shenefelt
By
Jon Reitan,
Department
Date
fLL
ief Financial Officer
Agriculture /, h
I..}" v
,
Page 6 of 6
cj
"
Exhibit A
2006 Scope of Work
Cooperative Weed Management Date: April 25, 2006
Name of County: Pitkin State: CO
Project Name: Little Elk Creek - Meadow knapweed eradication
Start Date: June 1st
Amount of Funding Allocated: $ 3,500.00
Completion Date: June 16th
Species of noxious weed(s) to be managed:
Common Name # of acres to inventory
I.Meadow Knapweed lIS Acres
# of acres to treat
7 Acres
Total acreage: lIS Acres
7 Acres
Project objectives:
Eradicate all known Meadow knapweed infestations, inventory/map entire subdivision
for any remaining patches to eradicate.
Matching weed management dollars to be put forth by the county, landowners,
and other partners in the project area:
Salary $
Equipment Use and In-Kind values $
Herbicide $
Other Dollars $
Total $
309.30
700.00
o
o
1009.30*
10 hr. X $30.93
25 hr. X $28.00
* Additional funding needed to total $3,500.00 (need a 1:1 match)
Project Timeline:
February 2ih - Send initial enforcement letters out.
March 24th - Arrange site visit date and time with landowners
April 10th through April 24th - Site visits with landowner's.
May 1st through May 12th - Begin herbicide treatment of properties.)*
May 1zth through June 16th - Monitor, treat, map, existing infestations'
'(treatment times may be too early - consult with Matt Custer of Routt County for
treatment timeline and re-surveying timeline)
q
.
Exhibit B
INVOICE
TO: Crystal Andrews
Colorado Department of Agriculture
700 Kipling St, Suite 4000
Lakewood, CO 80215-8000
Please accept this invoice as a request for payment for work performed in 2006 pertaining to "Little
Elk Creek - Meadow knapweed eradication" project.
Invoice: 24-2006
Amount of Invoice; $2.277.30 (not to exceed $3,500.00)
Make check payable to:
Pitkin County
Federal E.I.N.:
846000794
Send payment to:
Pitkin County
Natural Resource Division
Attention: Jim Lewis
76 Service Center Road
Aspen, CO 81611
Thank you,
Jim Lewis
Pitkin County Weed Supervisor
FOR OFFICE USE ONLY:
Fund:
. Agency Code: BAA
Approp Code: _
Org Unit:
Object Code:
10
"
Exhibit C
2006 Scope of Work
Cooperative Weed Management
Date: April 25. 2006
State: CO
Name of County: Pitkin County
Project Name: Child Ranch
Start Date: June 1, 2006
Amount of Funding Allocated: $1800.00
Completion Date: Julv 28. 2006
Species of noxious weed(s) to be managed:
Common Name # of acres to inventory
I. Plumeless thistle 900 Acres
2. Houndstongue 1000 Acres
3. Absinth wormwood 25 Acres
# of acres to treat
15 Acres
15 Acres
1 Acre
Total acreage:
1925
31
Project objectives:
To hire a private applicator to control the large infestations so the landowner can manage and
control future outbreaks. In dense PJumeless thistle patches there are up to 30-50 plants per
square yard. Absinth wormwood patches are up to 3 plants per square yard.
Matching weed management dollars to be put forth by the county, landowners,
and other partners in the project area:
Salary $120 hours
Equipment Use and In-Kind values $
Herbicide $300.00
Other Dollars $
Total $ 1800,00+ (need a 1:1 match)
Project Timeline:
Hire applicator to do initial treatment Late Mayor early June, depending of stage of growth.
June through July, landowner will monitor and spot treat as needed,
;1
.
,
Exhibit D
INVOICE
TO: Crystal Andrews
Colorado Department of Agriculture
700 Kipling St, Suite 4000
Lakewood, CO 80215-8000
Please accept this invoice as a request for payment for work performed in 2006 pertaining to "Child
Ranch" project.
Invoice: 25-2006
Amount ofInvoice: $1.800.00 (not to exceed $1,800.00)
.
Make check payable to:
Pitkin County
Federal E.I.N.:
846000794
Send payment to:
Pitkin County
Natural Resource Division
Attention: Jim Lewis
76 Service Center Road
Aspen, CO 81611
Thank you,
Jim Lewis
Aspen County Weed Supervisor
FOR OFFICE USE ONLY:
Fund:
Agency Code: BAA
Approp Code: _
Org Unit:
Object Code:
jlJ