HomeMy WebLinkAbout20163559.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF REAL TIME
STREAM DATA SYSTEM 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 an Intergovernmental Agreement for the
Provision of 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 Colorado Division of Water Resources, commencing upon full
execution, 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 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
Colorado Division of Water Resources, be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem 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 21st day of November, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:Ceavt) ' ✓ iti
Weld County Clerk to the Board
puty Clerk to the Boar
Cou ty Attorney
Date of signature: ID/ (.41 ( (v
EXCUSED
Mike Freeman, Chair
OEm CRR)
CC : can-Ilse/5G)
IDRS/ rCo
2016-3559
EM0017
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TO: Board of County Commissioners
FROM: Roy Rudisill, OEM
DATE: October 27th 2016
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SUBJECT: IGA with �' Stream Gage Project
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Commissioners,
One of our Hazard Mitigation Projects OEM is working on is the installation of several stream gages warning
sites throughout the County. Working with the County Attorney's Office and the Colorado Division of Water
resource we have developed an IGA which allows us to move forward on the installation of equipment.
It has been some time since we have met on this project, it took the state several month to get the IGA approved
so now we have some traction to move forward.
The attached [GA was developed based on other IGA's we currently use with USGS, by the board approving
this IGA it will allow us to move forward with bids and completion of this project.
I have attached a location map for your reference and the copy of the IGA.
Recommendation to the BOCC: I request the BOCC allow me to add this to the BOCC agenda.
Agree with Staff
Recommendation
Work Session
Requested
Comments
Freeman
Conway
Kirkmeyer
l''
Cozad
Moreno
`e"
2016-3559
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF A REAL TIME
STREAM DATA SYSTEM
THIS INTERGOVERNMENTAL AGREEMENT ("IGA") is made and entered into
effective as of the 18th day of October , 2016, A.D. between the COUNTY OF WELD, a
political subdivision of the State of Colorado, by and through the board of Weld County
Commissioners, hereinafter referred to as the "County" whose address is 1150 O Street. O. Box
758, Greeley, CO 80632, and The Colorado Division of Water Resource, hereinafter referred to
as CDWR, with address of 1313 Sherman Street. Suite 821 Denver Co. 80203 . Both entities
may be referred to herein individually as "Party," or collectively as "the Parties."
WITNESSETH:
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 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 the Colorado
Division of Water Resource to provide real time stream data information
WHEREAS, the Colorado Division of Water Resources has stream gages at several
locations throughout Weld County and the Office of Emergency Management finds it cost
effective to partner with the Division 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 rivers and
streams in Weld County will be shared with the Division of Water Resource via a web site
location for monitoring and review. The Office of Emergency Management finds it beneficial to
enter into this IGA with the Colorado Division of Water Resource 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.
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
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shall control in case of conflict between this agreement 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 (if
applicable), and the ordinances and regulations enacted pursuant hereto.
b. This agreement 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 or personnel by
the Parties.
2. Agreement for the use of Stream gages managed by the DWR. Weld County would like
to install Automated Local Evaluation in Real Time radio telemetry stream gage warning
system sensors within Weld County and possibly some surrounding county locations. The
Division of Water Resources has gages installed in and around Weld County at the
following locations as described in the scope of work see Exhibit A. Weld County is
requesting that ALERT equipment be installed at these locations and be utilized for real
time warning of rivers and streams.
I,imitations:
a. Weld County will coordinate with the Division of Water Resource for the installation
of the ALERT equipment
b. Weld County will coordinate with the Division of Water Resource on the approval of
the maintenance contractor for Weld County's Equipment.
c. Costs for equipment installed by Weld County will be covered by grants or general
funds from Weld County and will be managed and maintained by Weld County or
their Contractor and will be owned by Weld County.
d. The Division of Water Resource will not charge Weld County for the use of the gage
locations or use of their equipment.
e. Each Jurisdiction waives all claims and causes of action against all of the other
Parties for compensation, damage, personal injury or death occurring as a
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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 the responding personnel 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 1GA. 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
both Parties. Such consent shall become effective upon its 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. Scverability. 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.
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Signed this fd y of V (1,14
ATTEST: djdrk%) .id04;cC.
Weld County Clerk to the Board
By:
Deputy Cle
4
2016.
COUNTY OF WELD, a political
subdivision of the
State of Colorado
By
Sean P. Conway, Pro-Temv 2 1 2016
Board of County Commissioners of the
County of Weld
vision of Water Resources
State of Celerado
By,
ott C. uthbertson, P.E.
Deputy State Engineer
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