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HomeMy WebLinkAboutC21-313 CRWSD Agreement for Water Quality_Quality MonitoringDocuSign Envelope ID: 1C7EA497-E99A-426B-A324-046D4910E405 INTERGOVERNMENTAL COST -SHARE AGREEMENT This Intergovernmental Cost -Share Agreement ("Agreement") is made and entered into effective January 1, 2021 by and between the Colorado River Water Conservation District ("River District") and Eagle County, Colorado a body corporate and politic ("Eagle County") (collectively, the "Parties"). RECITALS WHEREAS, the Parties wish to enter into this Agreement for the purpose of funding the 2021 United States Geological Survey Joint Funding Agreement #21REJFAC0131, River District Contract number CA21012 (the "USGS JFA)". The annual USGS JFA is for the Groundwater and Streamflow Information Program, which conducts data collection and water quality activities that are of interest and benefit to the Parties; and WHEREAS, the State of Colorado permit and encourage local governmental entities to cooperate with each other to make the most efficient and effective use of their powers and responsibilities; and WHEREAS, this Agreement is entered into pursuant to, inter alia, C.R.S. §§ 29-1-201, et seq., and Article XIV, Section 18 of the Colorado Constitution. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual promises and agreements of the Parties and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the River District and the County agree as follows: • River District Obli.ag tion. The River District has entered into the USGS JFA. • County Obligation. Eagle County wishes to contribute $35,000 towards the data collection associated with certain gauges located in Eagle County and as identified on Exhibit A. • The River District will invoice Eagle County in the amount of $35,000 upon execution of this agreement. • Eagle County agrees to pay the River District within thirty (30) days of receipt of the invoice. • Nothing in this Agreement is intended or shall be construed to create a multiple fiscal year financial obligation or debt of the River District or Eagle County. Where activities or payment obligations provided in this Agreement extend beyond the current fiscal year, continued expenditures or appropriations are contingent on the approval of the River District's Board of Directors and Eagle County's Board of County Commissioners. C21-313 DocuSign Envelope ID: 1C7EA497-E99A-426B-A324-046D4910E405 • Should any one or more sections or provisions of this Agreement be judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or invalidate the remaining provisions of this Agreement, the intention being that the various sections and provisions hereof are severable. • This Agreement is the entire agreement between the Parties regarding the subject matter hereof and shall be modified and/or terminated by the Parties only by a duly executed written instrument approved by the Parties. The Parties warrant that they possess the legal authority to enter into this contract and that they have taken all actions required by all applicable procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize their undersigned signatory to execute this contract and to bind them to its terms. The person executing this contract on behalf of each of the Parties warrants that such person has full authorization to execute this contract. • This Agreement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Courts of Eagle County, Colorado. County shall have standing to bring an action to enforce the terms of this Agreement in District Court, including an action for specific performance and injunctive relief • The waiver of any breach of a term, provision or requirement of this Agreement shall not be construed or deemed a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision or requirement. • No elected official, director, officer, agent or employee of either Party shall be charged personally or held contractually liable by or to the other Party under any term or provision of this Agreement or because of any breach thereof or because of its or their execution, approval or attempted execution of this Agreement. • This Agreement and any amendments may be executed by facsimile or electronic signature and in any number of counterparts. • The address, telephone number, and email address for notices and communications are: Colorado River Water Conservation District c/o Dave Kanzer 201 Centennial St. Suite 200 Glenwood Springs, Colorado 81601 Phone: (970) 945-8522 E-mail: dkanzer@crwcd.org Eagle County Government Attention: Maureen Mulcahy or other identified Eagle County designee 2 C21-313 DocuSign Envelope ID: 1C7EA497-E99A-426B-A324-046D4910E405 Address: PO Box 850, Eagle County, CO 81631 Phone: 970-328-8816 Email: Maureen.mulcahygeaglecounty.us With copy to County Attorney's Office PO Box 850 Eagle, CO 81631 • The termination date of this Agreement shall be December 31, 2021, unless otherwise mutually amended by the Parties. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COLORADO RIVER WATER CONSERVATION DISTRICT DocuSigned by: By: QInJMW ftlm (,(,t,V' Andrew A. II9&1 Manager 200 Centennial St. Ste 201 Glenwood Springs, CO 81601 EAGLE COUNTY COLORADO, by and through its County Manager DocuSigned by: By: [—�� S('a Jeff Shroll, C fY'.. 500 Broadway St. Eagle County, CO 81631 3 C21-313 8 ku O N A z F W a� 9 a i z 0 h ti W V � w O M M 0o i0 00 7 V RS R � w O �D M N ti N N O b r e o e o e o e o e o N 0 R x RS un a a a 3 a a a a a a w 16 0 r o, 0 r o N M F O N � O O O O V O O O rn rn b r r Oi rn m a oo r O 7 rn rn rn rn rn rn rn rn o rn 0 v 1'' a r O U � � A W O C � � O y O � Q �x x U w o 3 'T 1 x o a ik U N N o W C7 C7 C7 W W W W CO W o 6 6. 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