HomeMy WebLinkAbout20152874.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 26, 2015
The Board of County Commissioners of Weld County, Colorado, met in regular session in full
conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County
Administration Building, Greeley, Colorado, August 26, 2015, at the hour of 9:00 a.m.
12 ROLL CALL: The meeting was called to order by the Chair and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tern - EXCUSED
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County
Commissioners meeting of August 24, 2015, as printed. Commissioner Cozad seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
la CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as printed.
Commissioner Moreno seconded the motion, and it carried unanimously.
(Clerk's note : Commissioner Conway now present)
PRESENTATIONS:
la 1) CHILD SUPPORT SERVICES MONTH - AUGUST, 2015: Chair Kirkmeyer read the
proclamation for the record. Judy Griego, Director of Department of Human Services, thanked the
Board for the Proclamation and extended an invitation to the Open House on August 27, 2015. Nancy
Lawson, Department of Human Services, expressed her appreciation to all the parents that pay their
child support and stated she is thankful to her staff. Commissioner Cozad explained how important it is
to recognize staff and appreciate all that they do for the County, tax payers, and children who are
dependent on the support. Commissioner Conway stated staff has an important role and thanked them
for working through many challenges to minimize the impact of when children don't receive child
support. Commissioner Moreno concurred with his fellow Commissioners and thanked staff for serving
the citizens in the County. Chair Kirkmeyer agreed with all the comments made, and expressed how
proud she is to be serving with them. (Clerk's note: meeting was paused for photo opportunity.)
Minutes, August 26, 2015 2015-2874
li? Page 1 BC0016
la PUBLIC INPUT: Ron Bateman, President of the Weld County Fire Chief's Association, presented
the Board with an updated Intergovernmental Agreement for Mutual Aid marked as Exhibit "A," and
explained one hasn't been completed since 2002. On September 16, 2015, there will be a meeting in
Evans where the Commissioners can come and get more information.
IR COMMISSIONER COORDINATOR REPORTS: Commissioner Conway wished Commissioner
Moreno a Happy Birthday. He stated he is looking forward to the Weld County Bright Futures kick-off at
Aims on September 1, 2015, and recognized the staff and Team Weld that has worked hard to make
this happen. Commissioner Moreno agreed and stated he attended the Oil and Gas 101 forum. He
thanked Tom Parko, Director of Planning Services, and other representatives in attendance for a great
turnout at the Windsor Recreation Center. He expressed the importance of informing the community
about oil and gas production. Commissioner Cozad attended the Mead Eastside Planning Meeting,
where they discussed areas of unincorporated Weld County. She explained they are updating their
Comprehensive Plan concerning the future of farm land. She expressed her concern about the
community making the decision for farm owners about the use of their property and deciding whether it
should remain farmland or not. She attended the Ag Fest and Feast with approximately 150 people in
attendance enjoying all kinds of food that came from Weld County farms and she went to the Farm
Bureau Steak Fry where she had a conversation with farmers about the importance of water. She
stated she and Linda Perez, Department of Human Services, met with the Parole Office where they
went on a tour. They discussed the difficulties that parolees encounter when seeking employment after
being released from prison and how this burdens Tax Payers. Lastly, she reported she attended the
Colorado Oil and Gas Association (COGA) annual conference where there was positive feedback about
the Commissioner's hard work with the oil and gas industry. Chair Kirkmeyer explained the Upstate
Colorado Economic Development passed the Board's application for the enterprise zone and now it will
go to the State Commission for the final decision around October.
BIDS:
la 1) APPROVE BID #B1400202, RFP CR 49 CORRIDOR DESIGN BUILD PROJECT -
DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, recommended the
award go to Interstate Highway Construction, based on a lengthy review and scoring process. Chair
Kirkmeyer thanked the team for all the great work and stated she is very confident with the vendor that
was selected because of staff's due diligence. Commissioner Conway expressed this is the largest
construction project in the history of Weld County and he thanked staff for the incredible job.
Commissioner Cozad expressed her appreciation to the staff and all those who attended the numerous
meetings on this project. Commissioner Moreno stated he concurred with all comments made, and he
appreciates all the time and effort from the staff. Commissioner Conway moved to approve said bid as
recommended by staff. Seconded by Commissioner Moreno, the motion carried unanimously.
NEW BUSINESS:
12- 1) CONSIDER TASK ORDER CONTRACT AMENDMENT #1 FOR MATERNAL AND CHILD
HEALTH (MCH) PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of
Department of Public Health and Environment, explained this is a continuation of an amendment for a
task order that was approved last year that had a two-year term. Commissioner Cozad moved to
approve said amendment and authorize the Chair to sign. The motion, which was seconded by
Commissioner Moreno, carried unanimously.
Minutes, August 26, 2015 2015-2874
Page 2 BC0016
la 2) CONSIDER RESCINDING RESOLUTION 2015-1806, DATED JUNE 22, 2015, AND
APPROVE REVISED CONTRACT AMENDMENT #1 FOR LOCAL PLANNING AND SUPPORT (PER
CAPITA) FUNDING AND ASSOCIATED DELEGATION AGREEMENT AND AUTHORIZE CHAIR TO
SIGN: Dr. Wallace reported this is a revised agreement to provide support for public health services as
established by the Colorado Board of Health. Commissioner Conway expressed his appreciation to
Dr. Wallace and the County Attorney's Office for bringing items to the Board for further review.
Commissioner Moreno thanked Dr. Wallace for his strong communication and leadership.
Commissioner Conway moved to rescind Resolution #2015-1806 and approve amendment #1 and
authorize the Chair to sign. Commissioner Cozad seconded the motion, and it carried unanimously.
3) CONSIDER MEMORANDUM OF UNDERSTANDING FOR COLORADO WORKS PROGRAM
AND COLORADO CHILD CARE ASSISTANCE PROGRAM AND AUTHORIZE CHAIR TO SIGN: Judy
Griego, Director of Department of Human Services, stated the County is required to enter into a
contract with the State Department of Human Services. Commissioner Cozad moved to approve said
memorandum of understanding and authorize the Chair to sign. The motion was seconded by
Commissioner Moreno, and it carried unanimously.
Ci 4) CONSIDER CONTRACT AMENDMENT #2 TO PERFORM FUNCTIONS OF A SINGLE
ENTRY POINT AGENCY FOR HOME CARE ALLOWANCE AND ADULT FOSTER CARE CLIENTS
AND AUTHORIZE CHAIR TO SIGN: Ms. Griego explained this is an extension to the contract for the
amount of $47,793.99. Commissioner Cozad moved to approve said amendment #2 and authorize the
Chair to sign. Commissioner Moreno seconded the motion, and it carried unanimously.
5) CONSIDER MEMORANDUM OF UNDERSTANDING FOR RESTORATIVE JUSTICE PILOT
PROJECT AND AUTHORIZ
E CHAIR TO SIGN - YOUTH AND FAMILY CONNECTIONS: Chair
Kirkmeyer reminded everyone about the specifics of this memorandum of understanding and stated,
with an approval from the Board, it will meet the requirements for House Bill 13-12-54. Commissioner
Cozad moved to approve said memorandum of understanding and authorize the Chair to sign. The
motion, which was seconded by Commissioner Moreno, carried unanimously.
6) CONSIDER POLE LICENSE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - PUBLIC
SERVICE COMPANY OF COLORADO, DBA XCEL ENERGY: Ryan Rose, Director of the Department
of Information Technology, stated this is part of the Chase Building Project and the initial agreement
was signed in 2003 by the City of Greeley, and the County Attorney's Office worked with Xcel to
transfer the agreement. In response to Commissioner Conway, Mr. Rose stated the County is
responsible for keeping the trees trimmed and he clarified the terms of the contract. Commissioner
Conway moved to approve said license agreement and authorize the Chair to sign. Seconded by
Commissioner Moreno, the motion carried unanimously. Mr. Rose thanked the County Attorney's Office
for all the hours and work concerning this agreement.
et 7) CONSIDER CHANGE ORDER #1 FOR CR 32 AND 39, HAUL ROAD PROJECT (#B1500149)
AND AUTHORIZE CHAIR TO SIGN - ASPHALT SPECIALTIES COMPANY, INC: Richard White,
Department of Public Works, explained this change order will get the numbers within budget for this
project. Commissioner Conway moved to approve Change Order #1 and authorize the Chair to sign.
Commissioner Cozad seconded the motion, and it carried unanimously.
El 8) CONSIDER APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN - FRITZLER FARMS, INC: Bob Choate, Assistant County Attorney, presented the terms of the
Minutes, August 26, 2015 2015-2874
Page 3 BC0016
[Signature Page to Intergovernmental Agreement for Mutual Aid(Weld County)]
IN WITNESS WHEREOF, the Parties hereto have executed this Intergovernmental
Agreement this day of 2015.
Entity:
President/Chairman:
Attest:
Page 7 of 7
application and reported there are no concerns from any of the referrals. Chair Kirkmeyer said when
she did the inspection everything was in order and she expressed she didn't have any concerns. Glen
Fritzler stated they will hire extra security for the event. Commissioner Conway encouraged people to
visit Fritzler's Farm and Corn Maze and stated he appreciates the character of the applicants.
Commissioner Conway moved to approve said application for a tavern liquor license and authorize the
Chair to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously. The
applicant's expressed their appreciation of the Commissioner's work.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the I
Consent Agenda. No Ordinances were approved. �
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
There being no further business, this meeting was adjourned at 9:55 a.m. I
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO �ORADO
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ATTEST: y''���� G. •aC�o�� � " �
; arbara Kirkmeyer Chair
Weld County Cler to the Board
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i Freeman, Pro-Tem
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De ty C rk to the Board I � �
P. Conway
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Julie A. Cozad
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Steve Moreno
Minutes, August 26, 2015 2015-2874
Page 4 BC0016
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INTERGOVERNMENTAL AGREEMENT FOR MUTUAL AID
(Weld County)
THIS INTERGOVERNMENTAL AGREEMENT FOR MUTUAL AID
("Intergovernmental Agreement") is made and entered into this day of
2015, by and between the parties who are signatories hereto (individually, a "Party" and
collectively, the "Parties").
RECITALS
WHEREAS, in accordance with C.R.S. § 29-1-201, governments are permitted and
encouraged to make the most efficient and effective use of their powers and responsibilities by
cooperating and contracting with other governments; and
WHEREAS, in accordance with C.R.S. § 29-1-203, governments may cooperate or
contract with one another to provide any function, service or facility lawfully authorized to each
of the respective units of governments; and
WHEREAS, the Parties to this Intergovernmental Agreement are authorized to provide
fire protection services, and in some instances, hazardous material, extrication, rescue,
ambulance and/or emergency medical services within and without their respective boundaries;
and
WHEREAS, the Parties strive to improve the emergency services provided within their
respective jurisdictions and acknowledge that each may benefit from providing mutual aid to one
another; and
WHEREAS, this Intergovernmental Agreement is intended to enhance the public service
of the Parties and promote the safety, security and general welfare of the public; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
sufficiency of which is hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. Definitions.
a. "Assisting Party" means a Party providing or requested to provide mutual aid within
the jurisdictional boundaries of a Requesting Party.
b. "Emergency Incident" means a reported fire, emergency medical, rescue or hazardous
material incident requiring an emergency response by a Party.
c. "Mutual Aid" means the assistance provided by an Assisting Party to a Requesting
Party on direct request of the Requesting Party.
HIBIT
Page 1 of 7
d. "Requesting Party" means a Party within whose jurisdiction an emergency
incident has been reported and which is assisted by or has requested assistance of
an Assisting Party.
2. Mutual Aid. Each Party agrees to provide Mutual Aid to another Party or Parties when
requested; provided, however, that an Assisting Party shall provide Mutual Aid at its
sole discretion and shall be excused from making equipment and personnel available in
the event of a pre-existing or contemporaneous need within the Assisting Party's
jurisdiction, or when insufficient resources are available to provide Mutual Aid. The
decision to provide Mutual Aid shall be made by the Assisting Party at its sole
discretion, which decision shall be final and conclusive.
3. No Liability for Failure to Provide Mutual Aid. No liability of any kind or nature,
whether express or implied, shall be attributed to or be assumed by a Party, its duly
authorized agents or personnel, for failure or refusal to provide Mutual Aid. Nor shall
there by any liability of a Party for withdrawal of Mutual Aid once provided pursuant to
the terms of this Intergovernmental Agreement.
4. Pre-Approval. By signing this Intergovernmental Agreement, the governing body of a
Party is hereby deemed to have approved the provision of Mutual Aid beyond its
political boundaries, and any Mutual Aid provided pursuant to this Intergovernmental
Agreement shall not require any further approval by the governing body of the Party.
5. Mutual Aid Period. The extent of the Mutual Aid period shall be twelve (12)
consecutive hours from the time of initial dispatch of the Emergency Incident, unless
extended by an additional agreement between the Parties. The initial dispatch shall be
the first notification of the Emergency Incident; a Requesting Party may not circumvent
the limitation on Mutual Aid by re-toning when Mutual Aid is requested or by using the
time of notification of an Assisting Party.
6. Cost. Each Party shall be responsible for all costs, including wages, benefits or other
compensation of its personnel incurred in the performance of this Intergovernmental
Agreement through the end of the Mutual Aid period. Nothing herein shall operate to
bar any recovery of funds from any state of federal agency under any existing statute.
This Intergovernmental Agreement shall not be construed as to limit reasonable
compensation, as defined in C.R.S. §29-22-104, in response to hazardous materials
incidents. The Requesting Party agrees that it will reasonably pursue any legal
reimbursement possible, pursuant to state and federal laws and that, upon receipt of any
such reimbursement (after subtracting the reasonable costs of pursuing and collecting
the reimbursement), will distribute the received funds in a fair and equitable manner to
the Assisting Parties based upon a pro rata share of their documented expenses.
7. Supplies. Each Party shall be responsible for providing fuel, potable water, food and
other such normal consumable supplies used by its own personnel and equipment. The
Requesting Party shall be responsible for providing for or reimbursing the use of
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firefighting foam, special extinguishing agents, medical equipment and similar
consumables when use is requested by the Requesting Party.
8. Damages. Each Party hereby assumes all liability and responsibility for damage to its
own apparatus and/or equipment, except when such damage is directly caused by
another Party to this Intergovernmental Agreement. Each Party also assumes all liability
and responsibility for any damage caused by its own apparatus while in route to or
returning from an Emergency Incident. No Party shall be liable or responsible for the
personal property of the Assisting Party's personnel which may be lost, stolen or
damaged while performing their duties under this Intergovernmental Agreement. A
Requesting Party may, in its sole discretion, replace or reimburse the cost of an
Assisting Party's equipment damaged or expended in providing Mutual Aid if requested
by the Assisting Party.
9. Not a Replacement for Responsibility. Each Party shall be expected to maintain its
equipment and organize its emergency response method with both personnel and
equipment to the degree necessary to handle ordinary and routine Emergency Incidents
occurring within its boundaries and for which the Party is organized. A Requesting
Party shall not expect any other Party to respond to an Emergency Incident where the
request arises due to a failure of the Requesting Party to organize available personnel or
maintain equipment in reasonable working order and in sufficient quantity to meet the
normal and routine needs of the persons and property within the Requesting Party's
jurisdiction. Nothing in this Intergovernmental Agreement prevents two or more of the
Parties from entering into contracts, automatic aid agreements or other methods to meet
their responsibilities as agreed between those Parties.
10. Joining Parties. Each Party agrees to allow a municipal fire department, fire protection
district or other governmental emergency response agency to join this
Intergovernmental Agreement after formal approval of the governing body of such
municipal fire department, fire protection district or other governmental emergency
response agency and notification of such action to each of the other Parties to this
Intergovernmental Agreement.
11. Third Party Recovery. Each Party agrees that, for each Emergency Incident within its
jurisdictional boundaries for which it has requested Mutual Aid through this
Intergovernmental Agreement, it will reasonably pursue any and all legal
reimbursement possible, pursuant to state and federal laws, including but not limited to
reimbursement for hazardous material incidents occurring within its boundaries, on
behalf of all Assisting Parties, and upon full or partial payment by the responsible
entity, shall distribute the reimbursement in a fair and equitable manner to Assisting
Parties based on their relative documented expenses for the Emergency Incident.
12. Governmental Immunity. This Intergovernmental Agreement is not intended, and
shall not be construed, as a waiver of the limitations on damages or any of the
privileges, immunities, or defenses provided to, or enjoyed by, the Parties and their
councilpersons, directors, officers, employees and volunteers under common law or
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pursuant to statute, including but not limited to the Colorado Governmental Immunity
Act, C.R.S. § 24-10-101, et seq. (the "Act").
13. Liability. It is the intent of the Parties that each Party maintains control of its
equipment and personnel. As a result, the Parties do not intend this Intergovernmental
Agreement or any performance of this Intergovernmental Agreement to constitute a
"temporary assignment" of a Party's personnel or equipment, and the provisions of
Section 29-5-108, C.R.S. do not apply. Each Party agrees that it shall be solely
responsible for the negligent or intentional acts or omissions of its respective personnel.
Notwithstanding the foregoing, if a court of competent jurisdiction determines that the
provisions of Section 29-5-108, C.R.S. apply,then in any case where liability accrues to
the non-negligent Party on account of any negligent or otherwise tortious act or acts
committed by the negligent Party's personnel in the performance of this
Intergovernmental Agreement, the negligent Party shall, to the extent permitted by law,
reimburse the non-negligent Party for any such liability, including any judgments or
awards imposed. Nothing in this Intergovernmental Agreement shall be deemed a
waiver of any immunity granted under the Colorado Governmental Immunity Act,
Section 24-10-101, et seq., C.R.S. or confer any benefits to any person not a party to
this Agreement.
14. Liability Insurance. Each Party is responsible for determining and maintaining
adequate levels of its own liability insurance.
15. Personnel Status. Nothing contained in this Intergovernmental Agreement, and no
performance under this Intergovernmental Agreement by personnel of the Parties, shall
in any respect alter or modify the status of officers, employees, volunteers or agents of
the respective Parties for purposes of worker's compensation or their benefits or
entitlements, pension, levels or types of training, internal discipline, certification, rank,
or for any purposes or conditions of employment or volunteerism. Worker's
compensation shall be as structured in C.R.S § 29-5-109. Pension benefits shall be
provided as set forth in C.R.S. § 29-5-110.
16. Equal Value. Each Party declares that the value of this Intergovernmental Agreement is
equal to all Parties.
17. Severability. In the event that any part, term or provision of this Intergovernmental
Agreement is found to be in violation or conflict with any federal or state law, the
validity 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 Intergovernmental
Agreement did not contain the particular part, term or provision held to be invalid.
18. Governing Law and Venue. This Intergovernmental Agreement shall be governed by
and construed in accordance with Colorado law. Venue shall lie in the County of Weld,
Colorado.
Page 4 of 7
19. Binding. This Intergovernmental Agreement shall be binding on the successors and
assigns of each Party, except that no Party may assign any of its rights or obligations
hereunder without the prior written consent of all other Parties. Any Party that changes
its name, consolidates or merges with another entity, or otherwise modifies its structure
shall continue to be subject to the terms and conditions of this Intergovernmental
Agreement, unless its participation is terminated in accordance with Paragraph 22 of
this Intergovernmental Agreement.
20. No Third Party Benefit. This Intergovernmental Agreement is made for the benefit of
the Parties, and is not intended to benefit any third party or be enforceable by any third
party. The rights of the Parties under or relating to this Intergovernmental Agreement
are not subject to the consent of any third party.
21. Term and Effective Date. This Intergovernmental Agreement shall be in effect upon
the date of the first signature; and shall be effective for each Party upon their authorized
signatures. Unless terminated by all of the Parties, this Intergovernmental Agreement
shall remain in effect for so long as there are at least two Parties to this
Intergovernmental Agreement.
22. Termination. All of the Parties may terminate this Intergovernmental Agreement at any
time by written agreement of all of the Parties. Any Party may terminate its
participation in this Intergovernmental Agreement at any time upon thirty (30) days
written notice to each of the other Parties.
23. Execution. This Intergovernmental Agreement may be executed in multiple
counterparts or duplicate originals, each of which shall be constituted and be deemed as
one and the same document.
24. Amendments. This Intergovernmental Agreement may only be amended by written
consent of all the Parties hereto.
25. Headings. Paragraph headings in this Intergovernmental Agreement are for
convenience of reference only and shall in no way define, limit or prescribe the scope or
intent of any provision of this Intergovernmental Agreement.
26. Construction of Agreement. This Intergovernmental Agreement shall be construed
according to its fair meaning as if it was prepared by all of the Parties hereto and shall
be deemed to be and contain the entire agreement between the Parties hereto. There
shall be deemed to be no other terms, conditions, promises, understandings, statements
or representations, expressed or implied, concerning this Intergovernmental Agreement,
unless set forth in writing and signed by all of the Parties hereto. This
Intergovernmental Agreement shall supersede all prior representations or agreements
made between the Parties, either written or oral, specifically including that certain Weld
County Mutual Aid Agreement(the "Mutual Aid Agreement") made and entered into in
2002, which shall be of no further force or effect upon execution of this
Intergovernmental Agreement. To the extent that any Party to the Mutual Aid
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Agreement fails to execute this Intergovernmental Agreement, they shall no longer
receive the benefits of the Mutual Aid Agreement and shall not be subject to the terms,
conditions and benefits contained herein.
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