HomeMy WebLinkAboutC23-145 IGA_Colorado River Water Conservation DistrictCA23005-A 1 INTERGOVERNMENTAL COST-SHARE AGREEMENT This Intergovernmental Cost-Share Agreement (“Agreement”) is made and entered into effective January 01, 2023 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 cooperatively funding the 2023 United States Geological Survey Joint Funding Agreement #23REJFACO134, River District Contract number CA23005 (the “USGS JFA)” and related future agreements for up to five years. 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 Obligation. The River District agrees to enter into the USGS JFA on an annual basis in coordination and consultation with Eagle County. • County Obligation. Eagle County wishes to contribute $35,000 annually towards the data collection associated with certain gauges located in Eagle County and as identified on Exhibit A. Contributions may include an annual inflationary adjustment subject to approval of both parties. • The River District will invoice Eagle County in the amount of $35,000 annually subsequently to the execution of this agreement. • Eagle County agrees to pay the River District within thirty (30) days of receipt of the invoice(s). • Notwithstanding anything to the contrary contained in this Agreement, the River District and Eagle 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 therefore by the River District contingent on the approval of the River District’s DocuSign Envelope ID: E193753E-C76D-4760-B660-29E81C35CAB5 CA23005-A 2 Board of Directors or Eagle 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). • 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. Both parties may terminate this Agreement any time and for any reason, with or without cause, and without penalty therefor with sixty (60) calendar days’ prior written notice to the Contractor. • 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 DocuSign Envelope ID: E193753E-C76D-4760-B660-29E81C35CAB5 CA23005-A 3 Address: PO Box 850, Eagle County, CO 81631 Phone: 970-328-8816 Email: Maureen.mulcahy@eaglecounty.us With copy to County Attorney's Office PO Box 850 Eagle, CO 81631 • The termination date of this Agreement shall be December 31, 2027, 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 By: Andrew A. Mueller, General Manager 201 Centennial St. Ste 200 Glenwood Springs, CO 81601 EAGLE COUNTY COLORADO, by and through its County Manager By: __________________________________ Jeff Shroll, County Manager 500 Broadway St. Eagle County, CO 81631 DocuSign Envelope ID: E193753E-C76D-4760-B660-29E81C35CAB5 Table 1. Streamflow gage and water-quality program, January through December 2023.Prepared: October 6, 2022 Revised: December 20, 2022 TOTAL CRWCD USGS FPSSTATION NUMBER STATION NAME PERIOD OF RECORD Colorado River Water Conservation District/U.S. Geological Survey Cooperative Program GENERAL PROGRAM DATA TYPE USGS MATCH RATE FUNDINGUSGS SW PRIORITI- ZATION RANKING1USGS OFFICE Grand Jct.09073400 Roaring Fork River near Aspen 1964-SW M 30.8% 19,600 13,556 6,044 09081000 Roaring Fork River near Emma 2 1909, 1998-SW H 37.7% 19,600 12,208 7,392 09081000 Roaring Fork River near Emma 2 1998-QW 25.5% 16,673 12,417 4,256 09085000 Roaring Fork River at Glenwood Springs 8 1994-QW 25.5% 15,732 11,716 4,016 Roaring Fork program total 71,605 49,897 21,708 Grand Jct.09063000 Eagle River at Red Cliff, CO 7 1910- SW H 37.7% 19,600 12,208 7,392 394220106431500 Eagle River below Milk Creek near Wolcott 4 2006- MON 27.3% 17,932 13,027 4,905 394220106431500 Eagle River below Milk Creek near Wolcott 2006- SW L 4.8% 19,600 18,666 934 09069000 Eagle River at Gypsum 3 1947-QW 25.5% 15,732 11,716 4,016 Eagle River Basin program subtotal 72,864 55,617 9,855 7,392 09063000 Eagle River @ Red Cliff 3, 5 1976-QW 25.5% 11,096 8,263 2,833 09065500 Gore Creek at upper station 3, 5 1976-2004, 2009-QW 25.5% 14,086 10,490 3,596 09066510 Gore Creek at mouth near Minturn 3, 5 1995-QW 25.5% 13,386 9,969 3,417 09066510 Gore Creek at mouth near Minturn 5,6 1996- WT 27.3% 2,112 1,535 577 09064600 Eagle River near Minturn 3, 5 1989-2004, 2009- QW 25.5% 14,293 10,644 3,649 393627106264000 Eagle River above Gore Creek near Minturn 3, 5 1995, 1997-2000, 2003, 2009- QW 25.5% 14,875 11,078 3,797 09067005 Eagle River at Avon 3, 5 1988- QW 25.5% 15,744 11,725 4,019 394220106431500 Eagle River blw Milk Creek nr Wolcott 3, 5 1976, 1999- QW 25.5% 12,890 9,600 3,290 09068500 Brush Creek at Eagle 3, 5 2009- QW 25.5% 14,385 10,713 3,672 09069000 Eagle River at Gypsum 3, 5 1947- QW 25.5% 1,564 1,164 400 Eagle River Basin program subtotal 114,431 85,181 29,250 Eagle River Basin program total 187,295 140,798 39,105 7,392 1 Ranking categories were derived from the USGS Prioritization Plan for Cooperatively Funded Streamgages in Colorado. VL, very low ranking, match is 0%; L, low ranking, match is 4.8%; M, medium ranking, match is 30.8%; H, high ranking, match is 37.7% 2 Refer to spreadsheet tables 7 and 8 for program and cost sharing information for this station. The Colorado River Water Conservation District (CRWCD) bills the Town of Basalt, Roaring Fork Conservancy District, Eagle County, and Pitkin County for their share of the cost. 3 Refer to Tables 10 and 11 for constituent groups and site-specific frequency of sampling. 4 Two parameter continuous water-quality monitor; specific conductance and water temperature. 5 Funded by the Eagle River Watershed Council. 6 Water temperature monitor operated June 1 to October 31. (5 mos.) 7 The Colorado River Water Conservation District is funding the stakeholder share in cooperation w/ the Eagle River Water and Sanitation District, Homestake Partners and the Eagle Park Reservoir Company. 8 Refer to Table 2 for constituent groups and site-specific sampling frequency. Roaring Fork River Basin Streamgaging and Water Quality Program Eagle River Basin Streamgaging and Water Quality Program Table 1 - Page 1 of 1 DocuSign Envelope ID: E193753E-C76D-4760-B660-29E81C35CAB5