HomeMy WebLinkAbout20213002.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR INSPECTIONS OF
FACILITIES HOLDING CERTIFICATE OF DESIGNATION AND AUTHORIZE CHAIR TO
SIGN - TOWN OF KEENESBURG
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
Inspections of Facilities Holding Certificate of Designation between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Health and Environment, and the Town of Keenesburg, commencing
September 1, 2021, and ending August 31, 2022, with further terms and conditions being as
stated in said intergovernmental agreement, and
WHEREAS, after review, the Board deems it advisable to approve said intergovernmental
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 Inspections of Facilities
Holding Certificate of Designation between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Department of Public Health
and Environment, and the Town of Keenesburg, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said intergovernmental agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of October, A.D., 2021, nunc pro tunc September 1, 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddiei`fm,) .JrL ;6k,
Weld County Clerk to the Board
BY:
970-�,�•.d
Steve Moreno, Chair
Scott K. James, Pro -Tern
eputy Clerk to the Boar •�� "_ �� EXCUSED
APPROVED A
Date of signature: l I /off -/2-A
County orney
Perry L. Buck
Lori S
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/02./2(
2021-3002
HL0053
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Memorandum
TO: Steve Moreno, Chair
Board of County Commissioners
FROM: Mark Lawley, Executive Director
Department of Public Health & Environment
DATE: October 14, 2021
SUBJECT: Town of Keenesburg Intergovernmental
Agreement for Inspection and Review
Services for Facilities Holding Certificates
of Designation
For the Board's approval is an Intergovernmental Agreement (IGA or Agreement) between the
Town of Keenesburg (Town) and the Board of County Commissioners of Weld County, on
behalf of the Weld County Department of Public Health and Environment (WCDPHE).
The Town has successfully annexed Greeley Green Energy, a facility with a Certificate of
Designation (CD), and is requesting our inspection and review services for this facility. Solid
waste site inspections and complaint investigations will only be completed at the request of the
Town. In addition to solid waste site inspections, the WCDPHE will also review new or amended
CDs and perform technical reviews of technical reports or documents that are generated because
of solid waste site operations, at the Town's request. The WCDPHE will bill the Town quarterly
for services performed and will be reimbursed at the hourly staff rate established annually in our
fee schedule.
Currently WCDPHE Environmental Health Services staff conducts similar operations for the
Town of Erie for the Front Range Landfill.
Activities will be conducted by current staff and no additional FTE is being requested.
This contract has been reviewed by the Weld County Attorneys' office and it meets with their
approval.
The Board approved placement of this Intergovernmental Agreement with the Town of
Keenesburg on the Board's agenda via pass -around dated October 11, 2021.
I recommend approval of this Intergovernmental Agreement with the Town of Keenesburg.
2021-3002
lD/Z5 OL6053
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
TITLE: Town of Keenesburg Intergovernmental Agreement for Inspection and Review Services for Facilities
Holding Certificates of Designation
DEPARTMENT: PUBLIC HEALTH & ENVIRONMENT DATE: October 11, 2021
PERSON REQUESTING: Mark Lawley, Executive Director
Brief description of the problem/issue:
For the Board's review and approval is an Intergovernmental Agreement (IGA or Agreement) between the
Town of Keenesburg (Town) and the Board of County Commissioners of Weld County, on behalf of the Weld
County. Department of Public Health and Environment (WCDPHE).
The Town has successfully annexed Greeley Green Energy, a facility with a Certificate of Designation (CD),
and is requesting our inspection and review services for this facility. Solid waste site inspections and complaint
investigations will only be completed at the request of the Town. In addition to solid waste site inspections, the
WCDPHE will also review new or amended CDs and perform technical reviews of technical reports or
documents that are generated because of solid waste site operations, at the Town's request. The WCDPHE
will bill the Town quarterly for services performed and will be reimbursed at the hourly staff rate established
annually in our fee schedule.
Currently WCDPHE Environmental Health Services staff conducts similar operations for the Town of Erie for
the Front Range Landfill.
Activities will be conducted by current staff and no additional FTE is being requested.
Assistant Weld County Attorney Karin McDougal has reviewed this Agreement and determined that its terms
are acceptable.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
The Board could decide to forego participation in this IGA as it is not mandated.
If the Board accepts this Agreement, it will promote intergovernmental cooperation and help maintain existing
relationships. The WCDPHE has the technical expertise to assist the Town of Keenesburg with these services
and doing so benefits the citizens of Weld County by ensuring the proper administration of solid waste site
facilities in Weld County. Additionally, this will be cost -neutral for the County as time spent on complaints and
investigations will be reimbursed by the Town.
Recommendation: I recommend approval of this Intergovernmental Agreement with the Town of Keenesburg.
Approve
Recommendation
Perry L. Buck
Mike Freeman
Scott K. James, Pro-Tem
Steve Moreno, Chair
Lori Saine
Schedule
Work Session Other/Comments:
144),A'rf.„10 Mr -Air"
INTERGOVERNMENTAL AGREEMENT FOR INSPECTIONS OF FACILITIES
HOLDING CERTIFICATE OF DESIGNATION
THIS AGREEMENT is made and entered into this ay of 6cb0/ 2021, by and
between the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,
STATE OF COLORADO, whose address is P.O. Box 758, Greeley, Colorado 80632
(hereinafter referred to as "County") and the TOWN OF Keenesburg, COLORADO, a
Colorado municipal corporation, whose address is 140 S. Main Street, Keenesburg, CO
80634 and mailing address is P.O. Box 312, Keenesburg, Colorado 80643 (hereinafter
referred to as "Town" or "Keenesburg").
WITNESSETH:
WHEREAS, the Town has the need for services related to inspection of solid waste sites
holding Certificates of Designation;
WHEREAS, the County has staff available and with the necessary training to perform such
services for the Town;
WHEREAS, legal authority exists to engage the County and sufficient funds
have been budgeted and are available for the work to be performed by the County
under this Agreement, and other necessary approvals have been obtained;
WHEREAS, Weld County and Town now desire to enter into this Intergovernmental
Agreement so as to memorialize their agreement with respect to their responsibilities regarding the
provision of such services by the County within Town boundaries;
NOW, THEREFORE, in consideration of the mutual promises, covenants and
obligations of the parties hereto, the terms and conditions hereof, and intending to be
legally bound, the Town and the County agree as follows:
1. INSPECTION SERVICES BY COUNTY WITHIN TOWN BOUNDARIES: Upon the
signing of this Intergovernmental Agreement both parties hereto agree that at the request
of the Town, the County will conduct inspections on existing solid waste sites holding
Certificates of Designation and review new or amended Certificates of Designation.
These services are more specifically described in Exhibit A, attached hereto and
incorporated herein by reference. The Town, at its sole discretion, will determine
which sites within the Town's municipal boundaries the County will inspect.
2. PAYMENT OF SERVICE FEE: In consideration for the performance of the services
described in paragraph 1 and Exhibit A, the Town shall pay to the County an
amount in accordance with the payment schedule, as set forth in Exhibit B, attached
hereto and incorporated herein by this reference.
0217 021_�3o 2-
3. COMMENCEMENT AND COMPLETION OF SERVICES; AUTOMATIC
RENEWAL: The County understands and agrees that time is an essential
requirement of this Agreement. The Services shall be completed as soon as good
practice and due diligence will permit. The initial term of this Agreement shall
commence on September 1, 2021 and shall end on August 31, 2022. This
Agreement shall automatically renew for additional one (I) year terms unless either
party hereto gives written notice to the other party of its intent to terminate the
Agreement.
4. TERMINATION: Either party may terminate this Agreement, with or without
cause on thirty (30) days written notice.
5. LIABILITY INSURANCE COVERAGE: County agrees that it will maintain coverage
in the minimum amount of the Colorado Governmental Immunity Act for protection
from claims for bodily injury, death, property damage, or personal injury which may
arise through the execution of this agreement. Evidence of such coverage shall be
provided to the Town at its request.
6. ENTIRE AGREEMENT: This Agreement shall constitute the entire agreement
between the parties hereto and shall supersede all prior contracts, proposals,
representations, negotiations and letters of intent, whether written or oral, pertaining
to the services described herein.
7. NO WAIVER OF IMMUNITY: The parties hereto understand and agree that both the
Town and the County are relying on, and do not waive or intend to waive by any
provision of this Agreement, the monetary limitations or any other rights, immunities,
and protections provided by the Colorado Governmental Immunity Act, Section
24-10-101, et seq., C.R.S., as from time to time amended, or any other law,
protection or limitation otherwise available to the Town and the County, their
officers, or employees.
8. 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.
Signed by the parties the '5.11), of Oc-t-o bet- , 2021.
ATTEST: ddrAtAi v'• JC/40;4.
Weld Co
By:
Deputy C k to e
ATTEST:
By.
COUNTY OF WELD, a political subdivision
y Clerk to the Boa ► of the STATE OF COLORADO:
By:
Board of County Commissioners of the
County of Weld
Steve Moreno ,Chair OCT 2 J 2021
TOWN OF KEENESBURG, a municipal
corporation of the STATE OF COLORADO
By: - G
Print Name: M.O4, e4 Z. 674Ai
02002/ -3ob2
EXHIBIT A
(Services to be provided by County)
1. At the request of the Town, the County shall conduct Semiannual inspections for the
agreed upon solid waste sites holding a certificate of designations and review new or
amended certificates of designation. A summary of each inspection/review will be
provided to the Town w/in 10 business days of completion.
2. At the request of the Town, the County shall conduct technical reviews of technical reports
and documents created as the result of the operation from the solid waste site(s) and
provide appropriate recommendations to the Town.
3. At the request of the Town, the County shall investigate complaints or review activities, at
the identified solid waste site(s), to assess any conditions for compliance with the
Regulations Pertaining to Solid Waste Sites and Facilities (6CCR1007-2). The County
will provide findings and recommendations to the Town.
4. The County, except as otherwise set forth in this Agreement, shall not be responsible for
the enforcement or administration of any Certificate of Designation except that staff of the
County may be called as witnesses in any administrative or court proceeding.
EXHIBIT B
(Payment Schedule and reimbursable expenses description and limit)
The Town agrees to pay the County for services rendered that are described in Exhibit A.
Payment will be based upon the hourly rate annually established by the Board of County
Commissioners for "Environmental Health Specialist Field Time" per the fee schedule
adopted annually by the Board of County Commissioners.
2. The Town agrees to reimburse the County for any expenses incurred by the County in
connection with the Services described in Exhibit A. The County will pre -approve any
expense with the Town prior to incurring such expense.
3. The County will submit a bill to the Town on a quarterly basis for any services rendered.
4. The County agrees to seek approval from the Town prior to spending in excess of sixty (60)
hours, in any given quarter, for any of the services described in Exhibit A.
Contract Form
New Contract Request
Entity Information
Entity Name*
TOWN OF KEENESBURG
Entity ID*
X00003349
❑ New Entity?
Contract Name* Contract ID
TOWN OF KEENESBURG INTERGOVERNMENTAL AGREEMENT 5339
Contract Status
CTB REVIEW
Contract Lead*
AGOMEZ
Contract Lead Email
agomez@weldgov.com
Parent Contract ID
Requires Board Approval
YES
of
Contract Description *
INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF KEENESBURG FOR INSPECTIONS OF SOLID WASTE SITES HOLDING
CERTIFICATES OF DESIGNATION
Contract Description 2
Contract Type
AGREEMENT
Amount*
$ 0.00
Renewable*
NO
Automatic Renewal
NO
Grant
NO
IGA
YES
Department
HEALTH
rtment Email
CM -Health ,veldgov.com
rtment Head Email
CM-Health-
DeptHeadweldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYAIIORNEY@WELDG
OV.COM
IGA
n
Requested 1
Date*
1020+2021
C
nda Due Date
10x` 16,2021
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept_ to be included?
NO
If this is a renewal enter previous Contract ID
1f this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date
1010112021
Review Date*
06:0112021
Renewal Date
Termination Notice Period Committed Delivery Date
Contact Information
Contact Info
Contact Name
Purchasing
Expiration Date •
08'31;2025
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
TANYA GEISER
DH Approved Date
10,18/2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
10,'25:2021
Originator
AGOMEZ
Fnance Approver
CHRIS D'OVIDIO
Legal Counsel
KARIN MCDOUGAL
Finance Approved Date Legal Counsel Approved Date
10 19,"2021 10,19 2021
Tyler Ref #F
AG 102521
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