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Home My WebLink About20210313.tiffRESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR AIR QUALITY MONITORING AT WELD COUNTY MISSILE PARK 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 a Memorandum of Understanding for Air Quality Monitoring at the Weld County Missile Park between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado Department of Public Health and Environment, Air Pollution Control Division, with further terms and conditions being as stated in said memorandum of understanding, and WHEREAS, after review, the Board deems it advisable to approve said memorandum of understanding, 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 Memorandum of Understanding for Air Quality Monitoring at the Weld County Missile Park between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado Department of Public Health and Environment, Air Pollution Control Division, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said memorandum of understanding. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of February, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datifeA) jeigp;ei Weld County Clerk to the Board BY: AP County Attorney Date of signature: o2/W/ Steve •reno, Chair Lori Saine 2021-0313 BC0053 cc: cA038) off. ito i2 i a. 41 - Air Pollution Control Division Department of Public Health it Environment MEMORANDUM OF UNDERSTANDING BETWEEN Weld County AND Colorado Department of Public Health and Environment, Air Pollution Control Division for Air Quality Monitoring I. PARTIES This Memorandum of Understanding (MOU) is hereby entered into by: • Weld County, • Colorado Department of Public Health and Environment (CDPHE), Air Pollution Control Division (APCD) Each agency is referred to as "Signatory Party" or "Party", and together referred to as the "Signatory Parties" or "Parties." Signatory Parties to this MOU agree to work in a coordinated and mutually beneficial manner, to support the air quality monitoring activities of CDPHE APCD in an effort to gather acceptable data in accordance with the CDPHE APCD air quality monitoring objectives. II. PURPOSE The purpose of this MOU is to outline the interests, benefits, and working relationship between Weld County and the CDPHE APCD for ambient air quality monitoring. Possible air quality parameters to be monitored include ozone, volatile organic compounds and meteorology. This MOU covers the development and operations of a special purpose ambient air monitoring (SPM) project located on Weld County Missile Park property at latitude 40.4298 N, longitude 104.8619 W. This project is for the installation of a VOC sampler in a Weld County owned and operated air quality monitoring shelter. The CDPHE APCD is monitoring ambient air quality to develop a better conceptual understanding of ozone formation and transport in the Denver Northern Front Range area and to better understand public exposures to ozone and volatile organic compounds. Weld County is furnishing the property on which the monitoring is to take place. III. STATEMENT OF MUTUAL INTERESTS AND BENEFITS Memorandum of Understanding Between Weld County and CDPHE APCD for Air Quality Monitoring 1 2021-0313 02101 173C00�3 Interests and benefits common to all parties include, but are not limited to: 1. Working collaboratively to mutually support investigation into local and regional air quality issues; 2. Supporting efforts to collect air quality data that is of sufficient quality to be used in air quality forecasting and public health notifications to local citizens; 3. Supporting efforts to collect air quality data that is of sufficient quality to be used in regulatory decision making and modeling investigations; 4. Supporting efforts to collect air quality data that can be used by scientists to further the current body of knowledge of air quality issues along the Northern Front Range and across Colorado. IV. THE SIGNATORY PARTIES AGREE AS FOLLOWS 1. All Parties recognize the benefits of coordination and cooperation to obtain accurate air quality data. 2. Weld County will allow access to APCD staff and the installation of air quality monitoring analyzers and samplers on Weld County Missile Park property at locations agreed upon by both Parties. 3. A volatile organic compound sampler will be installed in a Weld County owned air monitoring shelter and operated until at least December 31, 2026 or until terminated by either Party. 4. At the conclusion of each study period, the analyzers/samplers and all appurtenances shall be removed and the site restored to its previous condition. 5. Upon request, the APCD will provide Weld County access to the ambient air quality monitoring data collected at the site. 6. Site visits will be made weekly, or as needed, by APCD personnel or APCD authorized personnel to change filters in the analyzers, collect data, calibrate, audit, maintain, and repair the analyzers. APCD technicians and scientists will do analyzer/sampler audits, cleanings, maintenance, repairs, and calibrations. APCD personnel and APCD authorized personnel will operate the site and comply with all Weld County - provided rules, safety and security requirements. 7. The APCD will be financially responsible for security, installation, operations, repairs, replacement, and removal of CDPHE APCD owned equipment. 8. The APCD shall obtain, maintain and conform to all applicable Federal, State, County and Municipal licenses, permits, rules, regulations and authorization required by law to install, operate and maintain the site. The State of Colorado is self -insured for Liability, Worker's Compensation, and State Property per the Risk Management Act according to state, CRS 24-30-1501 et seq. Statutory limits of liability are referenced in the Colorado Governmental Immunity Act (CGIA) under CRS 24-10-114 (a) & (b). V. LIMITATIONS 1. Nothing in this MOU impairs or otherwise affects the authority of the heads of the Signatory Parties over their organizations. Memorandum of Understanding Between Weld County and CDPHE APCD for Air Quality Monitoring 2 2. This MOU is intended to outline an agreement among the Parties and does not create or confer any right or benefit on any person or party, private or public. Nothing in this MOU is intended to restrict the authority of any signatory to act as provided by law or regulation, or to restrict any agency from enforcing any laws within its authority and jurisdiction. 3. This MOU in no way restricts Signatory Parties from participating in similar activities with other public or private agencies, organizations, and individuals. 4. Nothing in this MOU shall obligate any Signatory Party to obligate or transfer any funds, nor does it supplement existing statutory authorities of the Signatory Party agencies. This MOU, consisting of five (5) pages, represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and agreements concerning this MOU, whether written or oral. VI. EXECUTION, MODIFICATION AND TERMINATION It is mutually agreed and understood by all Signatory Parties that: 1. Any Signatory Party may withdraw from this MOU at any time. A Party is encouraged to provide a 60 -day advance written notice to the other Party. 2. Changes to the scope of this MOU shall be made by the issuance of a multilaterally executed modification. These changes are to be mutually agreed upon between the Parties to this MOU, shall be incorporated by written instrument, executed and signed by all Parties to this MOU and are effective as of the date of the last signature obtained. 3. This MOU may be executed in counterparts. A copy with the original signature pages affixed will constitute the original MOU. The effective date shall be the date of the final Signatory Party agency's signature, and the MOU shall remain in effect until modified or dissolved. 4. This MOU is subject to the availability of funding and is intended to be guidance for the respective Parties. This MOU may not serve as the basis for any challenges or appeals. 5. Colorado Open Records Act (CORA). Any information and data furnished to the CDPHE APCD, such as air quality data, collected under this Memorandum is subject to the Colorado Open Records Act (24-72-201 to 24-72-309, C.R.S.). 6. RESPONSIBILITIES OF PARTIES. The subject Parties intend to handle their own activities and utilize their own resources, including the expenditure of their own funds, in pursuing these objectives. Each Party intends to carry out its separate activities in a coordinated and mutually beneficial manner. 7. NON -FUND OBLIGATING DOCUMENT. Nothing in this MOU shall obligate the subject Parties to obligate or transfer any funds. Specific work projects or activities that involve the transfer of funds, services, or property among the various agencies and offices of the Parties will require execution of separate agreements and be contingent upon the availability of appropriated funds. This MOU does not provide such authority. Negotiation, execution, and administration of each such agreement must comply with all applicable statutes and regulations. 8. ESTABLISHMENT OF RESPONSIBILITY. This MOU is not intended to, and does not create, any right, benefit, or trust responsibility, substantive or procedural, enforceable at Memorandum of Understanding Between Weld County and CDPHE APCD for Air Quality Monitoring 3 law or equity, by a party against any of the Signatory Parties, including but not limited to Weld County, CDPHE APCD, their agencies, their officers, or any other person. 9. AUTHORIZED REPRESENTATIVES. By signature below, the Signatory Party certifies that the individuals listed in this document as representatives of the Signatory Party are authorized to act in their respective areas for matters related to this agreement. 10. GOVERNMENTAL IMMUNITY: CDPHE APCD and Weld County do not waive their governmental immunity by entering into this MOU and retain all immunities and defenses provided by law with respect to any action based on or occurring as a result of this MOU. 11. The Parties agree that exclusive venue for any action related to performance of this agreement shall be in the City and County of Denver, Colorado. 12. Should disagreement arise on the interpretation of the provisions of this agreement, or amendments and/or revisions thereto, that cannot be resolved at the operating level, the area(s) of disagreement shall be stated in writing by each Party and presented to the other Party for consideration. If agreement on interpretation is not reached within thirty days, the Parties shall forward the written presentation of the disagreement to respective higher officials for appropriate resolution. VII. RELEVANT REFERENCES AND GUIDANCE DOCUMENTS 1. State of Colorado's "Ambient Air Pollution and Meteorological Monitoring Guidance", http://www.colorado.gov/airqualitY/monitoring docs.aspx VIII. CONTACTS The contacts for each Party to this agreement are: Weld County Technical/Administrative : Toby Taylor Weld County Building & Grounds Director 1105 H Street Greeley, Colorado 80631 ttavlor@weldgov.com 970-400-2023 Bruce Barker Weld County Attorney P.O. Box 758 Greeley, CO 80632 bbarkerAweldgov.com 970-400-4390 Memorandum of Understanding Between Weld County and CDPHE APCD for Air Quality Monitoring 4 CDPHE APCD Administrative: Peggy DeOrio CDPHE Air Pollution Control Division 4300 Cherry Creek Drive South Denver, CO 80246 (303) 692-3107 peggy.deorio�a,state.co.us Technical: Gregory Harshfield CDPHE Air Pollution Control Division 4300 Cherry Creek Drive South Denver, CO 80246-1530 (303) 692-3232 gregory.harshfield@state.co.us IX. SIGNATURES For CDPHE: V).- NAME: Jill Hunsaker Ryan TITLE: Executive Director Colorado Dept. of Public Health and Environment For Weld County: Date: r 9/ ZD 2 I Date: FEB 0 12021 NAME: Steve Moreno TITLE: Chair, Board of County Commissioners of Weld County Weld County Memorandum of Understanding Between Weld County and CDPHE APCD for Air Quality Monitoring 5 f:2aol— a(3/3 MEMORANDUM OF UNDERSTANDING FOR AIR QUALITY MONITORING AT WELD COUNTYNIISSLE PARK APPROVED AS TO SUBSTANCE: Elected Official or Department Head APPROVED AS TO FUNDING: Controller APPROVED AS TO FORM: County Attorney asO671A- b3/� Hello