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Home My WebLink About20030420.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR JOINT ENFORCEMENT OF STORMWATER MANAGEMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN - CITY OF EVANS 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 for Joint Enforcement of Stormwater Management Programs between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Evans, 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 for Joint Enforcement of Stormwater Management Programs between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Evans 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 12th day of February, A.D., 2003. BOARD OF COUNTY COMMISSIONERS � A WEL OUNTY, COLORADO ATTEST: facet ,�/ /� f!ts% C " 4,' ` id E. Lon , Chair Weld County Clerk to t, ' B.,:, . Robert D. den, Pro-Tem BY: Deputy Clerk to the „ ,r:9 _7_T—> M J 44#14440,41... G`eil e A VE AS TO '/,f�`^',si'rr/� n , William H. Jerke unty At rneyl Glenn Vaad Date of signature: 3% 2003-0420 ORD #2003-2 00 <DGC1, 61-1/4ays INTERGOVERNMENTAL AGREEMENT FOR JOINT ENFORCEMENT OF STORMWATER MANAGEMENT PROGRAMS 134 THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this 12ttday of February, 2003, by and between the City of Evans, a municipal corporation of the State of Colorado, by and through its City Council,hereinafter referred to as"City," with offices located at 1100 37`" Street, Evans, Colorado 80620, and the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, Colorado, hereinafter referred to as "County,"with offices located at 915 Tenth Street, Greeley, Colorado 80631. WITNESSETH: WHEREAS, regulations under the Federal Clean Water Act ( 40 CFR 122.26) ("the Stormwater Regulation") requires that stormwater discharged from certain types of facilities be authorized under stormwater permits, and WHEREAS, the goal of the Stormwater Regulation is to reduce the amount of pollutants entering streams, lakes, and rivers as a result of runoff from residential, commercial, and industrial areas, and WHEREAS, Phase I of the Stormwater Regulation covers urbanized areas over 100,000 population, and Phase II covers smaller urbanized areas, and WHEREAS, in Colorado, stormwater discharge permits are issued by the Colorado Department of Public Health and Environment, Water Quality Control Division (the "Division"), and such permits are part of the Colorado Discharge Permit System ("CDPS"), under"Regulation 61," with the Phase II municipal separate storm sewer systems ("MS4") being covered under a general permit for discharges from MS4's, and WHEREAS, pursuant to the Division's regulations, the main requirement of this general permit will be for the MS4 operator to develop and implement six stormwater management programs, or minimum measures, those being the following: 1) Public education and outreach 2) Public participation/involvement 3) Illicit discharge detection and elimination 4) Construction site stormwater runoff control 5) Post-construction stormwater management 6) Pollution prevention/good housekeeping for municipal operations, and WHEREAS, pursuant to the Division's regulations, two or more jurisdictions may submit a joint application for a stormwater permit that specifies which entity will perform which program areas or sections of programs, and 1111111111111111111111111111 1111111 I I I I I I I I I I I I I I I I of 5 Pages 3044134 03/24/2003 11:00A Weld County, CO 1 of 6 R 0.00 0 0.00 Steve Moreno Clerk& Recorder ec • WHEREAS, a designated urbanized area of unincorporated Weld County ("Desginated Area") is either adjacent to or enclaves of the City in the same drainage basin, such area being depicted on the attached map which is referred to herein as "Exhibit A," and _ WHEREAS, City and County agree that it would be beneficial to both jurisdictions and the citizens to enter into this Intergovernmental Agreement so that the City will be responsible for and perform the six (6) stormwater programs specified above in the Designated Area, and WHEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado Constitution Article XIV, § 18(2)O). NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. TERM. The term of this Intergovernmental Agreement shall be from the date first written above to and until a date one (1) year thereafter, with such Intergovernmental Agreement to continue automatically for successive one(1) year periods thereafter, unless sooner terminated by either party providing one-hundred eighty (180) days prior written notice to the other party of its desire to terminate this Intergovernmental Agreement. In the event the Division requires this Intergovernmental Agreement to be in effect until a certain expiration date of the permit,then that date shall supercede the above agreed upon expiration date between the two entities. 2. CITY AGREES. a. To be responsible for and perform for the County all six (6) stormwater management programs specified above in the Designated Area, except for regulation of construction site stormwater runoff, which shall be performed by the Weld County Building Inspection Department. City is hereby delegated by County the authority to enforce and carry out the County adopted stormwater regulations referred to in Paragraph 3.a.,below, in order to execute and implement the six (6) stormwater management programs within the Designated Area. b. To enact those stormwater regulations necessary to effectuate the six (6) stormwater management programs specified above within City's boundaries. c. To adopt reasonable fees to recoup those expenses incurred by the City in the course ofperforming the six(6)stormwater management programs specified above within City's boundaries. Page 2 of 5 Pages 111111111111 IIIII1 1111111 III 1111! 11111//1 3044134 03/24/2003 11:00A Weld County, CO 2 of 6 R 0.00 0 0.00 Steve Moreno Clerk& Recorder d. To serve as the County's collecting agent for the fees referred to in Paragraph 3.b., below. All proceeds from the fees shall be retained by City as full compensation for the management of the programs specified in this Paragraph. e. To prepare and submit the application for the MS4 operations permit on behalf of both entities. Work on the permit application process shall commence upon signing of this Intergovernmental Agreement, and the City shall be responsible for meeting all required Division deadlines. f That employees performing the duties of City, as detailed herein, shall be considered employees of City only and shall not be entitled to any salary or benefits from County. City agrees to provide Unemployment Insurance and Worker's Compensation Insurance for City employees while performing such duties. Said Unemployment Insurance and Worker's Compensation Insurance shall be in the amount of and of the type made necessary by statutory requirements pursuant to Colorado Revised Statutes. g. That all documents created as a result of the duties performed pursuant to this Intergovernmental Agreement shall be open for inspection in accordance with the requirements of the Colorado Open Records Act, C.R.S. §§ 24-72-201, et. seq. 3. COUNTY AGREES. a. To enact and revise as necessary stormwater regulations for the Designated Area the same as the City's for the ease of administration and to have consistent requirements for persons covered by such stormwater regulations. b. To adopt and revise as necessary the same stormwater fee structure as that adoped by the City to recoup those expenses incurred by the City in the course of performing the six(6)stormwater management programs specified above within the Designated Area. c. To provide,without charge to City,a listing of all properties and their owners located within the Designated Area in order to facilitate City's billing for the stormwater fees. County will provide updates to the property ownership list as properties change ownership. d. To cooperate in any way required to assist City in the preparation of the MS4 operations application. e. County currently has only two modular classrooms in the designated Evans Page 3 of 5 Pages 1111111 11111 NM 11111111111 I I 11111111 III 111111111 III I 3044134 03/24/2003 11:00A Weld County, CO 3 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder area. For these current operations and any future County operations in the Evans area,County will assist and cooperate with City in any required action for the pollution prevention/good housekeeping for these municipal operations requirements under the stormwater permit. 4. HOLD HARMLESS, INDEMNIFY AND DEFEND. City hereby voluntarily agrees to hold harmless, indemnify and defend County, its employees and officers, from any and all claims and liability,past,present or future, for any injury or damage resulting from the acts or omissions of City occurring in the course of the work to be performed by City pursuant to this Intergovernmental Agreement. County hereby voluntarily agrees to hold harmless, indemnify and defend City, its employees and officers, from any and all claims and liability, past, present or future, for any injury or damage resulting from challenges to the acts or omissions of County occurring in the course of the work to be performed by County pursuant to this Intergovernmental Agreement. 5. NOTICE. The Public Works Directors of each party to this Intergovernmental Agreement shall be the party's contact for the purposes of this Intergovernmental Agreement. 4. SEVERABILITY. If any term or condition of this Intergovernmental Agreement shall be held to be invalid, illegal, or unenforceable, this Intergovernmental Agreement shall be construed and enforced without such provision to the extent that this Intergovernmental Agreement is then capable of execution within the original intent of the parties hereto. 5. NO THIRD PARTY BENEFICIARY ENFORCEMENT. It is expressly understood and agreed that the enforcement of the terms and conditions of this Intergovernmental Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Intergovernmental Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Intergovernmental Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Intergovernmental Agreement shall be an incidental beneficiary only. 1 11111 11111 111111 IIIII IIIII III 1111111 III 11111 /III 3044134 03/24/2003 11.OOA Weld County, CO 4 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 4 of 5 Pages 6. MODIFICATION AND BREACH. This Intergovernmental Agreement contains the entire agreement and understanding between the parties to this Intergovernmental 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 Intergovernmental 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 Intergovernmental 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. IN WITNESS WHEREOF,the parties hereto have signed this Intergovernmental Agreement thi ,1@'day February, 2003. -1 OF F'E`. --. ATTEST; 1 ': _ THE CITY OF EVANS r"'K } MaK ity Cler Sherry I\ y, ayor- (/ APPROVED AS TO SUBSTANCE: " APPROVED AS TO LEGAL FORM: By: 11 .mot _ 1( By: 1 cGG`b �L �L ce Eis a ty Manager Russ Anson;City Attorney ATTEST: difil /�e COUNTY OF WELD, STATE OF �� - VA £j'� COLORADO, by and through the Board of County Commissioners of Weld County 1861 By: s/ 6 tl..+ -;<-. N By: Chair 2 2/2003 Deputy Clerk to the Board David E. Long, ) C:\WINDOWS\TEMP\gwprint\CleanEvansStorrnwater.wpd Page 5 of 5 Pages 1111111 11111 III II VIII III ENE III VIII IIII IIII 3044134 03/24/2003 11:OOA Weld County, CO 5 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder C43 EPA Defined Urban Area A mo - pmmi J / ,CO— o a I l\`\`� / ) WI �- ��T� eAl� �11 IC_ �j'1'llll�i�■r■[ j �� i IIIG M N a r 1 �1, .r [[[I■■ ' ■� F. ...•0•60+0 111 [ r + es �w� ii�iiiiii �i'1 �� II • o nllr■..� �. if : ssM n — — - ,.....- oi3e i11�11'�al/. tlrrrr - - i�(1111: _� :�G j i yl ��:i'� ii f�_1�1 ., .> .��1� � �` � �� ! 111(11 � 111 11 - a• l MO) — icfnirEir Errant Wan 4 J • 2 l T J ✓ — Il 'Th4 , ..... Na Le end 0 05 I F— H 2 3 4 9 1 I 1 1 I Miles City Limits GARDEN CITY y sclaime Code Hydro o ..^°- . 34786 EVANS Hydro Centerline ,,E,R„.T.E .„,.:_ ,,L.,,„„EARANE „,„ ,7,0,,,, ' 4 (keGREELEY Road 46126 .L. LA SALLE Greeley- Evans Stormwater Phase II Border w'.-,i 51175 COLORADO February 7, 2003 Mr. Donald D. Warden Director of Finance and Administration Weld County P.O. Box 758 Greeley, CO 80632 Re: Intergovernmental Agreement for Phase II Stormwater Discharge Permit Dear Don: Enclosed please find an original Intergovernmental Agreement between the City of Evans and Weld County. The Agreement has been approved by the Evans City Council at their • meeting on February 4, 2003. Upon approval of the Weld County Commissioners, please return a fully executed copy to me for our files. I would like to thank you for your cooperation and assistance in developing this agreement and look forward to implementing this program with your assistance. If you have any questions, or wish to discuss this further, please call me at 339-5344 (ext. 110). Sincerely, Earl H. Smith, P.E. Director of Public Works Enc. Pc: Bruce Eisenhauer, City Manager Martin Howell, City Engineer 1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 330-3472 2003-0420 Hello