HomeMy WebLinkAbout20191456.tiffRESOLUTION
RE: APPROVE INTERGOVERMENTAL AGREEMENT FOR PROVISION OF REAL TIME
STREAM DATA SYSTEM AND AUTHORIZE CHAIR TO SIGN - TOWN OF WINDSOR
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 the
Provision of a Real Time Stream Data System between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the Office of
Emergency Management, and the Town of Windsor, commencing upon full execution of
signatures, 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 the Provision of a Real Time Stream
Data System between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Office of Emergency Management, and the
Town of Windsor, 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 15th day of April, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COORADO
ATTEST: ditA,
Weld County Clerk to the Board
BY:
Deputy Clerl to the Board
APP •DA
torney
Date of signature: 1-75^19
cc.
Mike Freeman, Pro -Tern
(. James
Steve Moreno
NCGoI Rte)
1-4/2_61/1q
Chair
2019-1456
EM0018
Stephanie Frederick
From:
Sent:
To:
Cc:
Subject:
Attachments:
Roy Rudisill
Wednesday, April 10, 2019 10:17 AM
Stephanie Frederick
Esther Gesick; CTB
FW: Pass Around - Stream Gage Warning Project - Poudre River Location
Resolution 2019-26 Attachment Real -Time Stream Data System IGA.pdf; Resolution
2019-26 Real -Time Stream Data System.pdf
Hi Stephanie, here is the email from Commissioner Kirkmeyer, I also attached the documents again and copied the CTB
email group.
Let me know if you have any questions.
Roy Rudisill, Director
Office of Emergency Management
1150 O St. Greeley, Co
970-381-0417 Mobile
970-304-6540 Office
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Barbara Kirkmeyer
Sent: Monday, March 4, 2019 1:48 PM
To: Roy Rudisill <rudisill@weldgov.com>
Cc: Commissioners <COMMISSIONERS@co.weld.co.us>; Jay McDonald <jmcdonald@weldgov.com>; Karla Ford
<kford@weldgov.com>; Steve Moreno <smoreno@weldgov.com>
Subject: Re: Pass Around - Stream Gage Warning Project - Poudre River Location
We need the agreement in place first
Sent from my iPhone
On Mar 4, 2019, at 3:35 PM, Roy Rudisill <rrudisill@weldgov.com>wrote:
It's in Windsor and I'm working with the Town to get an agreement in place.
2019-1456
1
Roy Rudisill, Director
Office of Emergency Management
1150 O St. Greeley, Co
970-381-0417 Mobile
970-304-6540 Office
<imageOO1.jpg>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are
intended only for the person or entity to which it is addressed and may contain information that is
privileged, confidential or otherwise protected from disclosure. If you have received this communication
in error, please immediately notify sender by return e-mail and destroy the communication. Any
disclosure, copying, distribution or the taking of any action concerning the contents of this
communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Barbara Kirkmeyer
Sent: Monday, March 4, 2O19 1:33 PM
To: Commissioners <COMMISSIONERS@co.weld.co.us>; Roy Rudisill <rrudisill@weldgov.com>; Jay
McDonald <imcdonald@weldgov.com>
Cc: Karla Ford <kford@weldgov.com>; Steve Moreno <smoreno@weldgov.com>
Subject: Re: Pass Around - Stream Gage Warning Project - Poudre River Location
Is this our bridge??
Sent from my iPhone
On Mar 4, 2O19, at 1:11 PM, Sean Conway <sconwav@weldgov.com> wrote:
Karla - ok with request and being placed on agenda. Sean
Sent from my iPhone
On Mar 4, 2O19, at 11:47 AM, Karla Ford <kford@weldgov.com> wrote:
Please read and let me know if you approve recommendation. Roy said
it is urgent.
Karla Ford X
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford at7.weldoov.com :: www.weldgov.com ::
My working hours are Monday -Thursday 7:00a.m.-4:00 p.m.
Friday 7:00a.m. - Noon
<imageOO3.jpg>
Confidentiality Notice: This electronic transmission and any attached documents or other writings
are intended only for the person or entity to which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
<O242_OO1.pdf>
2
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF A REAL TIME
STREAM DATA SYSTEM
THIS INTERGJERN NTAL AGREEMENT ("IGA") is made and entered into
effective as of the ay of , 2019, between the COUNTY OF WELD, a political
subdivision of the State of Color o, by and through the board of Weld County Commissioners
(the "County") whose address is 1150 O Street. O. Box 758, Greeley, CO 80632, and THE
TOWN OF WINDSOR, a Colorado home rule municipality ("Windsor"), whose address is 301
Walnut Street Windsor CO 80550. Both entities may be referred to herein individually as
"Party," or collectively as "the Parties."
RECITALS:
WHEREAS, intergovernmental agreements to provide functions or services, including the
sharing of costs of such services or functions, by political subdivisions of the State of Colorado,
are specifically authorized by C.R.S. § 29-1-203, Article II, § 2-3 of the Weld County Home Rule
Charter, and other sections of the law,
WHEREAS, the Weld County Office of Emergency Management proposes to install a
series of Automated Local Evaluation in Real Time radio telemetry ("ALERT") Radio Stream
Gage Warning System sensors within Weld County.
WHEREAS, the Weld County Office of Emergency Management has the need for an early
flood warning system for the County in order to provide early warning information for first
responders and the citizenry of Weld County.
WHEREAS, it is in the best interest of Weld County to partner with Windsor to provide
real time stream data information.
WHEREAS, Windsor maintains jurisdiction over the bridge on WCR 13 over the Cache
La Poudre River (the "Bridge"), the Office of Emergency Management finds it cost effective to
partner with Windsor to best serve the Citizens of Weld County to provide real time stream gage
information.
WHEREAS, the real time data collected at the specified locations along the Poudre River
in Weld County will be shared with Windsor via a web site location for monitoring and review.
WHEREAS, the Office of Emergency Management finds it beneficial to enter into this
IGA with Windsor to increase preparedness and planning for early warning information for
streams and rivers in Weld County.
NOW, THEREFORE, in consideration of the mutual promises and covenants expressed
herein, the Parties agree as follows:
1. Authority, Validity, Severability, and Jurisdiction.
1
020/9-1'/ '
a. This IGA is promulgated under the relevant portions of C.R.S., Title 29, and C.R.S. §
24-33.5-713, and Article II, § 2-3 of the Weld County Home Rule Charter. The statute
shall control in case of conflict between this IGA and the statute. Each and every term,
provision, or condition herein in subject to and shall be construed in accordance with
the provisions of Colorado law, the charters of the Parties, and the ordinances and
regulations enacted pursuant hereto.
b. This IGA shall be executed and carried out pursuant to the Statement of Work, which
is attached as Exhibit A and incorporated herein.
c. It is understood and agreed by the Parties hereto that if any part, term or provision of
this IGA is by the courts held to be illegal or in conflict with any law of the State of
Colorado, or of the United States of America, the validity of the remaining portions or
provisions of the remaining portions or provisions shall not be affected, and the rights
and obligations of the Parties shall be construed and enforced as if the IGA did not
contain the particular part, term, or provision held to be invalid.
d. This IGA provides for the joint exercise by the Parties of the function or service
provided herein, but does not establish a separate legal entity to do so, nor does it
constitute either Jurisdiction as an agent of the other jurisdiction for any purpose
whatsoever. This IGA shall provide only for the use of equipment, assets or personnel
by the Parties.
2. Agreement for the use of property to install equipment at the Bridge. Windsor hereby
agrees that Weld County may install ALERT radio telemetry stream gage warning system
sensors at the Bridge.
Limitations:
a. Weld County will coordinate with Windsor for the installation of the ALERT
equipment
b. Weld County will coordinate with Windsor on the approval of the maintenance
contractor for equipment installed by Weld County at the Bridge.
c. Costs for equipment installed by Weld County will be covered by Weld County, will
be managed and maintained by Weld County or its Contractor, and will be owned by
Weld County.
d. Windsor will bear no expense associated with the installation, maintenance, relocation
or removal of the equipment installed by Weld County under this IGA.
e. The Town of Windsor will not charge Weld County for the use of the Bridge or
placement of the equipment.
2
f. Each Party waives all claims and causes of action against the other Party for
compensation, damage, personal injury or death occurring as a consequence, direct or
indirect, of the performance of this IGA, to the extent permitted by, and without
waiving any protection or other provisions of, the Colorado Governmental Immunity
Act.
3. Insurance Coverage for Parties: Each Party shall maintain its own insurance coverage, for
both liability and damage, for its personnel, assets and/or equipment.
4. Assignment. This IGA shall be binding upon the successors and assigns of each of the
Parties hereto, except that no Party may assign any of its rights or obligations hereunder
without the prior written consent of the other Party.
5. No Third -Party Beneficiary. It is expressly understood and agreed that enforcement of the
terms and conditions of the IGA, and all rights of action relating to such enforcement, shall
be strictly reserved to the Parties, and nothing contained in this IGA shall give or allow any
such claim or right of action by any other or third person on such IGA. It is the express
intention of the Parties that any person other than the Parties receiving services or benefits
under this IGA shall be deemed to be an incidental beneficiary only.
6. Amendments. Amendments to this IGA may be made only upon unanimous consent by
the governing bodies of both Parties. Such consent shall become effective upon receipt in
writing at the addresses set forth above.
7. Termination. Ether Party may terminate this IGA, with or without cause, upon ten (10)
days' prior written notice sent to the other Party at the address set forth above.
8. Execution of IGA. This IGA may be executed by each Party on a separate signature page.
Original signature pages will be held by the Weld County Office of Emergency
Management ("OEM"), at its offices at 1150 O Street Greeley, Co 80632, or at such place
as OEM shall determine. Copies of signature pages shall be provided and certified by
OEM to each Party, and such copies shall have the full force and effect as if they were
originals. OEM shall provide timely notice to all party Parties of all additions to and
withdrawals of party Parties, as well as timely notice of the effective date of any
amendment to this IGA.
9. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal,
or unenforceable, this Agreement shall be construed and enforced without such provision
to the extent that this Agreement is then capable of execution within the original intent of
the parties hereto.
3
TH
Signed this/day of
019.
ATTEST: dardwo ;ti COUNTY OF WELD, a political
Weld County Clerk tote Board subdivision of the
State of Colorado
ATTEST:
ucker, Town Clerk
4
By,
Barbara Kirkm-yer_, Chair
Board of County Commissioners of the
County of Weld
TOWN OF WINDSOR,
a Col_ df fome rule municipality
By: Shane Hale, Town Manager
c2o / 9— /9512
RE: INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF A REAL TIME
STREAM DATA SYSTEM
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
APPROVED AS TO FUNDING:
dJ
Controller
APPROVED AS TO FORM:
County Attorney
Exhibit A
Scope of Work Weld County Stream gage Warning Project. 11/19/18
SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING:
Background
On September 9, 2013, a slow -moving cold front stalled over Colorado, conflicting with
warm humid air from further south. The result produced heavy rain and catastrophic
flooding along Colorado's Front Range from Colorado Springs to Fort Collins. The
situation intensified over September 11 and 12 as rain continued and storm runoff began
entering rivers, causing multiple surges far above typical levels. The National Weather
Service's Hydro -meteorological Design Studies Center stated in the Exceedance
Probability Analysis for the Colorado Flood Event Study: "The rarity of this event...shows
how the maximum rainfall amounts compared to corresponding precipitation frequency
estimates for annual exceedance probabilities from 50% to 0.1% for durations from 15
minutes to 7 days."
Weld County was heavily impacted by the overflow of the South Platte River, the Big
Thompson River, the Saint Vrain River, the (Cache La) Poudre River, and a series of
minor tributaries during the September 2013 flooding event. Flooding in Weld County
affected a total of 7,121 parcels of land. Of this number, 2,910 were residential properties,
355 parcels contained commercial properties, 62 parcels had been used as industrial
service sites, and the remaining parcels served as either agricultural properties or natural
resources.
Existing stream gages currently delay readings by up to one hour and cannot be relied
upon to provide crucial information within an appropriate timeframe during a potential
flood event. In the case of the September floods, the stream gage information was
received just before the rivers began to reach a dangerously high level of flow and did not
allow emergency services enough time to both properly warn all citizens within close
proximity of the waterways and initiate the established protocol for responding to a flood
hazard. This resulted in far less than desirable evacuation times for a large portion of the
local population, and to the confusion and congestion which naturally follows.
Scope of Work
Weld County, Colorado
The Weld County Office of Emergency Management is seeking proposals to install a
series of ALERT (Automated Local Evaluation in Real Time) radio telemetry stream gage
warning system sensors within Weld County and surrounding areas to serve as early
warning systems for the purpose of notifying citizens of impending flood hazards. This
project is in coordination with the Division of Water Resources and utilizing DRW gages.
The newly installed stream gage equipment will provide real time stream data allowing for
Scope of Work Weld County Stream gage Warning Project. 11/19/18
a much quicker warning response service than those relied upon during the September
2013 flood subsequently declared by FEMA as disaster DR -4145.
The Contractor will be responsible for completing a telemetry study to ensure data from
the selected gaging stations can be received to the receiver locations. The Contractor is
also responsible for obtaining the FCC licenses for each ALERT gaging site.
The Contractor will be responsible for providing all grounding rods, concrete, antenna
masts, mounting accessories, etc. which are needed to install the monitoring equipment.
Current stream gage data is gathered from the Internet utilizing a number of existing
gages operated by the Colorado Division of Water Resources. While these systems do
assist in providing the County with river flow information, the time steps of each existing
station are roughly one hour, meaning that information is not typically relayed back to the
County until one hour after the gage has performed the reading. This is not sufficient for
the citizens of Weld County who live within a flood hazard area because this does not
allow for a sufficient amount of time to evacuate to safety in a sudden flood.
All mitigation actions performed will provide a level of protection in line with the goals of
the most current NOAA National Weather Service Flood Warning Systems Manual. In
order to ensure that the citizens of Weld County will be provided with a higher level of
safety, a total of six radio telemetry stream gages will be installed along the major rivers
and confluences in the southeastern portion of the County. (See figure 1.1 below.) This
area contains the highest number of persons per square mile within the County and
contains the City of Greeley, as well as a number of the County's local government
offices and buildings. Working with the DWR we are proposing six stream gages be co -
located with existing Colorado Division of Water Resources (DWR) stations which will
assist in providing the National Weather Service with more accurate and up-to-date data
than existing gages can offer.
Weld County requires the warning software be able to work on a "Cloud base system" to
collect all of the data and disseminate it to local emergency managers, public works
employees, the National Weather Service, and the general public. It is possible that a
single repeater may be required in order to ensure reliable and accurate data at the
base/modem. Once the project has been completed and closed out, Weld County will
evaluate the need for an additional radio repeater and will install this with local funding if
necessary. Please see gage installation descriptions below for more information.
Project Locations
Each of the project sites are listed in the blow table with the Division of Water Resource
gage Identifier. For additional information see the attached MAP for location information.
Scope of Work Weld County Stream gage Warning Project.
11/19/18
Poudre River
Timnath Admin Gage
DWR
CLARIVCO
Poudre River
Fern Ave in E Greeley
DWR
CLAGRECO
Big Thompson
402 & I-25
DWR
BIGHILCO
Confluence Big Thompson and South Platte River
40.349983, -104.784966
DWR
BIGLASCO
Confluence St Vrain and South Platte River
CR 19.5 and St Vrain River
DWR
SVCPLACO
South Platte River
CR 53 Bridge and South Platte River
DWR
PLAKERCO
Weld County Project Management Contact
Weld County Office of Emergency Management will partner with appropriate county
agencies, the Colorado Department of Transportation and experts from the National
Weather Service and will contract with an experienced vendor who specializes in the
installation and operation of ALERT flood warning systems. The Weld Office of
Emergency Management will manage the project, to include; contracting, directing
timelines and deliverables, process invoices and inspect for approved standards.
Timeline
The timeline for this project is March 31st 2019, Weld County received a grant through
FEMA which requires the project to be completed by the end of March 2019.
Specifications (all listed equipment are examples and not necessarily required brands
but similar equipment is required)
Packaged Water Level/ Rainfall Station
ALERT2 Packaged Water Level Station
ALERT2 Radio Transceiver (spec. freq.) or comparable equipment
Rain gauge tipping bucket or similar equipment
Lightning Protection
Packaged Repeater
ALERT2 Packaged Repeater and associated equipment to support early warning for
rivers
Cloud Based Software
Scope of Work Weld County Stream gage Warning Project. 11/19/18
Web access to information pertaining to rain fall gage, river height and warning alerting
to County Emergency Management personnel.
The selection process for a contractor will be based in qualifications and experience with
installation of stream gage warning equipment familiarity with Weld County and an understanding
of current early warning systems. Work experience with the Colorado Division of Water Resource
and an understanding of current warning systems in Boulder, Larimer and Adams Counties.
Proposals should include three references and examples of related projects. Utilizing best
practices and national standards for monitoring and warning.
Once a contractor is selected, the contractor shall provide a task completion schedule and
indicate the percentage of payment as tasks are completed that shall be made with a 5%
retention until completion.
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TOWN OF WINDSOR
RESOLUTION NO. 2019-26
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF WINDSOR AND THE COUNTY OF WELD WITH RESPECT TO
INSTALLATION OF A REAL-TIME STREAM DATA SYSTEM, AND AUTHORIZING THE
MAYOR TO EXECUTE SAME
WHEREAS, the Town of Windsor ("Town") is a Colorado home rule municipality with all
powers and authority provided by Colorado law; and
WHEREAS, the Town and Weld County have a long history of cooperation, particularly in the
areas of emergency management and response; and
WHEREAS, the Weld County Office of Emergency Management has approached the Town with
a request to locate a real-time stream data system ("ALERT") monitor on the bridge that crosses
the Cache la Poudre River at Weld County Road 13; and
WHEREAS, the Town's Engineering Department has reviewed the installation and has indicated
that the installation will promote emergency management and response without any impairment
of bridge function or municipal use; and
WHEREAS, the Town Attorney has worked in cooperation with the County Attorney to develop
an Intergovernmental Agreement for the Provision of a Real -Time Stream Data System ("IGA"),
a copy of which is attached hereto and incorporated herein by this reference; and
WHEREAS, the Town Board finds that the IGA promotes the public health, safety and welfare;
and
WHEREAS, the Town Board desires to approve the IGA and authorize its execution by the
Town Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF
WINDSOR, COLORADO, AS FOLLOWS:
1. The attached Intergovernmental Agreement for the Provision of a Real -Time Stream
Data System is hereby approved.
2. The Town Manager is authorized to execute the attached IGA on the Town's behalf.
3. The Town Attorney is authorized to make such modifications to the IGA as are
necessary to assure clarity.
Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 25th
day of March, 2019.
ATTEST:
to Eucker, Town Clerk
2
TOWN OF WINDSOR, COLORADO
By: [i1 7 b
Kristie Melendez, Mayor
Hello