HomeMy WebLinkAboutC19-130 Eagle River Watershed CouncilDocuSign Envelope ID: BAF301 B7-F322-467F-AFE7-20CF951 D9BBD
AGREEMENT BETWEEN EAGLE COUNTY, COLORADO
AND
EAGLE RIVER WATERSHED COUNCIL
THIS AGREEMENT ("Agreement") is effective as of 4/23/2019 by and between Eagle River Watershed
Council, a Colorado nonprofit corporation (hereinafter "Contractor") and Eagle County, Colorado, a body corporate
and politic (hereinafter "County").
RECITALS
WHEREAS, Contractor has agreed to provide services and opportunities to help protect the natural environment;
and
WHEREAS, these funds support Contractor's general operating expenses, restoration projects, coordination of the
Eagle River Cleanup and Community Pride Highway Cleanup, Water Quality Monitoring & Assessment Program,
and the Eagle River Watershed Council's community education programs and other programs (the "Project") based
out of the Eagle River Watershed Council office at 330 Broadway, Eagle, Colorado (the "Property"); and
WHEREAS, the parties acknowledge and agree that the Services (defined below) promote the health, safety and
welfare of the people of Eagle County and are intended to provide services that could otherwise be performed by
County directly; and
WHEREAS, Contractor has elected to perform the Services on its own and County has, therefore, elected to
compensate Contractor to perform the Services for the public to fulfill an important public purpose; and
WHEREAS, compensation paid by County to Contractor enables Contractor to perform the Services for the public
and County shall have no responsibility for the performance of the Services; and
WHEREAS, County desires to enter into this Agreement with Contractor for the performance of the Services to the
public which will directly support and sustain a healthy, environmentally and economically vital and socially diverse
community; and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and
experience necessary to provide the Services as defined below in paragraph 1 hereof; and
WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the
Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as
follows:
1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials
necessary to perform and complete the services or work described in Exhibit A ("Services" or "Work") which is
attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the
provisions and conditions of this Agreement.
DocuSign Envelope ID: BAF301 B7-F322-467F-AFE7-20CF951 D9BBD
a. Contractor agrees to furnish the Services and reports or other information required by County in
accordance with the schedule established in Exhibit A. If no schedule is specified in Exhibit A, then Contractor
agrees to furnish the Services to the public in a timely and expeditious manner consistent with the applicable
standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to
properly and timely perform the Services.
b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit
A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement
shall prevail.
2. County's Representative. The Environmental Health Department's designee shall be Contractor's contact
with respect to this Agreement and performance of the Services.
3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to
the provisions of paragraph 11 hereof, shall continue in full force and effect through the 31" day of December, 2019.
County makes no representations concerning the possibility of future Agreements with Contractor and Contractor
should not rely on this Agreement being extended or renewed in the future.
Modifications. Any amendments or modifications shall be in writing signed by both parties.
5. Compensation. County shall compensate Contractor for the performance of the Services in a sum
computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not
exceed $80,000. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside
of normal business hours.
a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a
proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks
performed, who performed each task and such other detail as County may request. If County is not satisfied with the
completeness of a submitted invoice, County may request Contractor either revise the invoice or provide additional
information.
To ensure proper payment, all invoices must be in .pdf format delivered via email to Giovanna Harkay
(giovanna.harkaygea leg county.us) with the email cc'd to ray.merrykeaglecounty.us.
b. If, prior to payment of compensation or reimbursement for Services but after submission to
County of a request therefore by Contractor, County reasonably determines that payment as requested would be
improper because the Services were not performed as prescribed by the provisions of this Agreement, the County
shall have no obligation to make such payment. If, at any time during the term or after termination or expiration of
this Agreement, County reasonably determines that any payment made by County to Contractor was improper
because the Services for which payment was made were not performed as set forth in this Agreement or purposes for
which payment was made were misrepresented, then upon written notice of such determination and request for
reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or
expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County.
compensation.
No additional services or work performed by Contractor shall be the basis for additional
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d. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor
agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made
pursuant to the terms of this Agreement.
e. Notwithstanding anything to the contrary contained in this Agreement, County shall have no
obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after
December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the
Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local
Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X,
Sec. 20).
6. Subcontractors. The Contractor shall be responsible for the acts and omissions of its agents, employees and
subcontractors.
7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense insurance
appropriate for the type of Services it provides to the public. Such insurance may include, but not be limited to,
workers compensation insurance as required by law; automobile coverage; commercial general liability or
professional liability coverage. Contractor is not entitled to workers' compensation benefits except as provided by
the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided
by Contractor or some other entity.
Indemnification, Governmental Immunity and No Third Party Beneficiaries.
a. The Contractor shall indemnify and hold harmless County, and any of its officers, agents and
employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any
such losses, claims, damages or liabilities arise out of, any negligence or willful malfeasance on the part of the
Contractor in performing the Services; and Contractor shall reimburse County for reasonable attorney fees and costs,
legal and other expenses incurred by County in connection with investigating or defending any such loss, claim,
damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the
extent that County is liable to such third party for such claims without regard to the involvement of the Contractor.
This paragraph shall survive expiration or termination hereof.
b. The parties hereto understand and agree that the County is relying on, and does not waive or
intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections
provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to
County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers.
C. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the
parties and not to any third party. This Agreement does not and shall not be deemed or construed to confer upon or
grant to any third party any right to claim damages or to bring any suit, action or other proceeding in connection
with the Agreement. The parties acknowledge that the Services could otherwise be performed by the County but
County has instead determined to provide financial support through compensation as set forth in paragraph 5. Such
compensation by County enables Contractor to perform the Services for the public and County shall have no
responsibility therefor. Because Contractor is delivering the Services to the public and not Eagle County, the public
shall have no rights under this Agreement and may not make any claim against County in connection with this
Agreement.
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9. Documents. Documents and materials prepared by Contractor during the term of this Agreement shall be
provided to County upon request and County shall have the right at no additional cost, to copy, use, re -use, publish,
display, the documents and materials and prepare derivative works.
10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally
delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx
or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv)
when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this
paragraph by giving five (5) days prior written notice of such change to the other party.
COUNTY:
Eagle County, Colorado
Attention: Ray Merry
500 Broadway
Post Office Box 179
Eagle, CO 81631
Telephone: 970-328-8757
Facsimile: 970-328-8788
E -Mail: ray.merry@ea leg county.us
w/copy to
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone: 970-328-8685
Facsimile: 970-328-8699
E -Mail: atty@ea leg county.us
CONTRACTOR:
Eagle River Watershed Council
Attention: Holly Loff
330 Broadway Unit D
PO Box 5740
Eagle, CO 81631
Phone: 970-827-5406
Fax: 970-827-5567
E -Mail: toff@erwc.org
11. Termination. Either party may terminate this Agreement, in whole or in part, at any time and for any
reason, with or without cause, and without penalty therefor with seven (7) calendar days' prior written notice to the
other party. County shall pay Contractor only for Services satisfactorily performed to the date of termination.
12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this
Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the
sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be
governed by the laws of the State of Colorado.
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13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same
instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following
two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or
facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized
signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of
electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121.
14. Other Contract Requirements and Contractor Representations.
a. Contractor shall be responsible for the completeness and accuracy of the Services and shall
correct, at its sole expense, all significant errors and omissions in performance of the Services. Contractor shall
perform the Services in a skillful, professional and competent manner and in accordance with the standard of care,
skill and diligence applicable to contractors performing similar services. Contactor shall comply with the highest
standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to
ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of
this Agreement.
b. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and
professional standards, in the performance of this Agreement. Time is of the essence with respect to this
Agreement.
C. Nothing contained in this Agreement shall be deemed to create a relationship of employer-
employee, master -servant, partnership, joint venture or any other relationship between County and Contractor except
that of independent contractor. Contractor shall have no authority to bind County.
d. Contractor shall comply with any and all applicable laws, codes, rules and regulations and that is
personnel are duly licensed, if required, to perform the Services in Colorado.
e. This Agreement contains the entire agreement between the parties with respect to the subject
matter hereof and supersedes all other agreements or understanding between the parties with respect thereto.
f Contractor shall not assign any portion of this Agreement without the prior written consent of the
County. Any attempt to assign this Agreement without such consent shall be void.
g. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver
thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach.
h. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the
validity or enforceability of any other provision hereof.
i. The signatories to this Agreement aver to their knowledge no employee of the County has any
personal or beneficial interest whatsoever in the Services described in this Agreement. The Contractor has no
beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the
Services and Contractor shall not employ any person having such known interests.
j. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms
under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to
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federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this
Agreement.
k. Contractor acknowledges that it is prohibited from using Eagle County funds to provide certain
public benefits to undocumented individuals pursuant to C.R.S. 24.76.5-101 et. seq.
1. Contractor shall comply at all times and in all respects with all applicable federal, state and local
laws, resolutions and codes; and specifically, with the requirements of the Civil Rights Act of 1964 and Section 504
of the Rehabilitation Act concerning discrimination on the basis of race, color, gender, sex, sexual orientation, age,
religion, national origin or disability.
in. Contractor shall maintain, for a minimum of three (3) years, adequate financial and programmatic
records for reporting to County on the performance of its responsibilities hereunder. Contractor shall be subject to
financial audit by county auditors or their designees. Contractor authorizes County to perform audits or to make
inspections during normal business hours, upon 48 hours' notice to Contractor for the purpose of evaluation its
performance under this Agreement. Contractor shall cooperate fully with County.
n. The recitals set forth above are incorporated herein by reference.
15. Prohibitions on Government Contracts.
As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries
not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Contractor has any employees or
subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this
Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual
who will perform under this Agreement and that Contractor will participate in the E -verify Program or other
Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all
employees who are newly hired for employment to perform Services under this Agreement.
a. Contractor shall not:
Knowingly employ or contract with an undocumented individual to perform Services
under this Agreement; or
ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an undocumented individual to perform work under
the public contract for services.
b. Contractor has confirmed the employment eligibility of all employees who are newly hired for
employment to perform Services under this Agreement through participation in the E -Verify Program or Department
Program, as administered by the United States Department of Homeland Security. Information on applying for the
E -verify program can be found at:
https://www.uscis.gov/e-verify
C. Contractor shall not use either the E -verify program or other Department Program procedures to
undertake pre-employment screening of job applicants while the public contract for services is being performed.
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d. If Contractor obtains actual knowledge that a subcontractor performing work under the public
contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required
to:
i. Notify the subcontractor and County within three (3) days that Contractor has actual
knowledge that the subcontractor is employing or contracting with an undocumented
individual; and
ii. Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does
not stop employing or contracting with the undocumented individual; except that
Contractor shall not terminate the contract with the subcontractor if during such three (3)
days the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an undocumented individual.
e. Contractor shall comply with any reasonable request by the Department of Labor and Employment
made in the course of an investigation that the department is undertaking pursuant to its authority established in
C.R.S. 8-17.5-102(5).
f. If Contractor violates these prohibitions, County may terminate the Agreement for breach of
contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor
shall be liable for actual and consequential damages to County as required by law.
g. County will notify the Colorado Secretary of State if Contractor violates this provision of this
Agreement and County terminates the Agreement for such breach.
[REST OF PAGE INTENTIONALL Y LEFT BLANK]
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above.
COUNTY OF EAGLE, STATE OF COLORADO, By and
Through Its COUNTY MANAGER
Signed by:
By: [—';�SIA,Va
e rS �iiI Mlity Manager
CONTRACTOR:
EAGLE RIVER WATERSHED COUNCIL
DocuSigned by:
By: wb'
C6B9123C05444D1...
Print Name: Holly Loff
Title: Executive Director
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EXHIBIT A
SCOPE OF SERVICES, SCHEDULE, FEES, REPORTING REQUIREMENTS
1. SCOPE OF SERVICES
a. CONTRACTOR SHALL PERFORM OR PROVIDE THE FOLLOWING SERVICES OR
PROGRAMS TO THE PUBLIC:
i. General Administration ($25,000). These funds support the Watershed Council's general operating
expenses including rent, equipment, and staff salaries. Additionally, general administrative support
allows us to participate actively as a stakeholder in projects and events that have potential impacts on our
rivers. Eagle River Watershed Council is not always the lead on such projects, but offer critical, unbiased
support and guidance to the effort. Such work does not have its own budget and is supported solely by the
general (unrestricted) funds available. Examples of such projects include our active participation in the
Camp Hale Restoration Project, as well as on the Eagle County Wildfire Council; and our continued
monitoring, advocacy and community outreach for both the Eagle Mine and the Vail Pass highway
traction sand removal effort. Support for this category comes from foundations, the Town of Vail, Eagle
River Water & Sanitation District, Upper Eagle Regional Water Authority, the Town of Avon,
corporations, individuals and ERWC Board members.
ii. Restoration Projects ($25,000). Eagle River Watershed Council coordinates numerous restoration
projects throughout the Eagle Valley each year which vary in size, scope and location. In 2019, Eagle
River Watershed Council plans to use funds from Eagle County to support the following restoration
projects. The funds from the County will be proportioned between the projects as needed, not necessarily
in equal measure.
Eagle Mine Committee -the Watershed Council utilizes this technical committee to take a
more strategic approach to the ongoing cleanup of the Eagle Mine Superfund site. The
committee, overseen by Watershed Council staff/board, reviews technical reports from the
EPA and CDPHE and submits comments as necessary. Additionally, the Watershed Council
distills the information within the reports into layman's terms and shares the information
with the public. Furthermore, the Watershed Council organizes public meetings regarding
the Eagle Mine. Finally, the Watershed Council continues to coordinate the RiverWatch
team that collects metals data on the Eagle River downstream of the mine in three locations.
The Black Gore Creek Steering Committee is a group coordinated by the Watershed Council
to monitor the annual removal of highway traction sand on Vail Pass before it reaches Black
Gore Creek. Additionally, the Watershed Council is engaged in the Stream and Wetland
Ecological Enhancement Program (SWEEP) Issue Task Force the I-70 West Vail Pass
Auxiliary Lanes project.
Monitoring and mechanical treatment of noxious weeds and needed maintenance of
plantings at past project sites, including the Edwards Eagle River Restoration Project site,
the Eagle -Vail Riparian Enhancement Project and the Miller Ranch Open Space riparian
enhancement project. This protects the county's significant investments in these otherwise
completed restoration projects. Volunteers are often utilized for these maintenance efforts,
creating great educational opportunities.
We will continue to coordinate the Urban Runoff Group's efforts to develop Water Quality
Action Plans for Avon, Eagle and further points west. Urban Runoff Group works to
identify and implement strategies for water quality protection throughout the valley by
starting in the upper watershed and systematically moving downstream. In 2019, the work
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will be focused on developing a program that supports towns in raising their residents'
awareness of stormwater and landscaping practices that will minimize impacts to local
streams.
• We will work with the US Forest Service on a project to reduce erosion and sediment along
the Piney River. This project will utilize volunteers, which will help to raise community
awareness for these concerns.
iii. Community Pride Highway Cleanup ($2,500) & Eagle River Cleanup ($2,500) (total=$5,000).
The coordination of these two annual cleanup events requires event marketing and planning, volunteer
recruitment and management of a total of over 1,300 volunteers. Last spring, 12 tons of trash were
collected along 140 miles of highways by the volunteers. River Cleanup teams cover about 70 miles of
river each fall. The popular events build community throughout the entire Eagle Valley, giving
participants a feeling of ownership in maintaining our environment. A further, and obvious, benefit is the
beautification of the valley for the arrival of summer guests, and the removal of trash and other pollution
from our rivers at the end of the summer tourist season- just in time for a busy winter ski season. Support
of these events displays the County's strategic collaborations in meeting its initiatives surrounding
environmental stewardship. The funds received from these events support the work of the Watershed
Council throughout the year. Additional support comes from local businesses, individuals, corporations,
clubs, foundations and Towns.
iv. Water Quality Monitoring & Assessment Program ($10,000). This program coordinates water
quality and biological data collection by numerous entities in the Eagle River watershed. The program
provides a central and easily -accessible repository for the data and insures that data collection is not
duplicative nor that there are gaps in the monitoring effort. Funding supports coordination of data
collectors, data analysis, annual reporting to stakeholders and the community, a shared database, and the
production of an annual report card that gives a graphical interpretation of the data. Additional support
comes from Eagle River Water & Sanitation District, Upper Eagle Regional Water Authority, Homestake
Partners (Aurora and Colorado Springs), the Denver Water Board, Vail Resorts Management Company,
Crave Real Estate, the Towns of Gypsum, Eagle, Avon, Minturn and Vail, and the Colorado River Water
Conservation District.
v. Community Education Programs ($15,000). The education programs offered by Eagle River
Watershed Council have grown significantly in the last few years, reflecting a community need to better
understand the watershed and threats to river health. These programs include:
• The Watershed Wednesday series is offered at least six times per year and exposes
participants to new and interesting water related topics. In 2018, these topics included a
snowshoe tour of a SnoTel site; a panel discussion on the "Law of the Colorado River" with
Eric Kuhn, Anne Castle, John McClow and Pat Mulroy; and tours of the Shoshone
Hydroelectric Plant and a fish hatchery; and a bilingual community raft trip.
• In addition to Watershed Wednesdays, the Watershed Council offers longer workshops (half
and full day) where participants learn from experts about the topic at hand. In 2019 this will
likely include a River -Friendly Landscaping workshop and a Rain Barrel workshop.
• The Water Festival is an educational event currently being developed for the fall of 2019.
All 5"' grade students in Eagle County will be invited and bussed with their class to the
event where they will learn through engaged activities about water and rivers. Activities
may include: river morphology experience trailer, fish painting, fly casting, fly tying, river
bug identification, water treatment and more!
• Eagle River Watershed Council also has a monthly enewsletter, distributed to over 900
people, and a monthly column in the Vail Daily. Additional education funding also comes
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from private foundations, Eagle River Water & Sanitation District (who underwrites the
filming of Watershed Wednesdays by TV5) and individual donations.
Eagle County's support of Eagle River Watershed Council will be recognized with the Eagle County
banner hung at specified events (Community Pride Highway Cleanup (April) and Eagle River Cleanup
(September)), as well as logo and name recognition on collateral, advertising and on -air (radio and TV)
promotions for these events. Additionally, Contractor will recognize Eagle County's support on specific
project collateral as appropriate.
b. CONTRACTOR SHALL COMPLY WITH THE FOLLOWING SCHEDULE OR MILESTONES
IN PERFORMANCE OF THE SERVICES:
The aforementioned services will be provided throughout the year.
2. FEES
The services provided above will be provided for a total of $80,000. Payment will be made for Services
satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor.
All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and
such other detail as County may request. If County is not satisfied with the completeness of a submitted
invoice, County may request Contractor either revise the invoice or provide additional information.
3. CONTRACTOR SHALL BE REQUIRED TO SUBMIT THE FOLLOWING REPORTS TO COUNTY:
The Contractor shall submit an annual report to Eagle County demonstrating that the services outlined in
the scope of work were provided satisfactorily in accordance with the terms of this agreement. The
Environmental Health Director shall authorize final payment only if the Contractor adequately
demonstrates satisfactory performance. Said report and final invoice shall be submitted no later than
December 15, 2019.
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