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HomeMy WebLinkAboutC02-089 Colorado Water Conservation BoardC0z-7`t-s2) ,%W Project Name: Eagle County, Colorado (BUYING AGENCY#) Flood Hazard Mitigation Plan Colorado Water Conservation Board Performance Period: 03/20/02 to 03/31/03 ROUTING# 0 a P7,9 000 7 Fiscal Year: FY 02 CONTRACT# C [, 3_Z Amount $ 2,250 INTERGOVERNMENTAL AGREEMENT BETWEEN Colorado Water Conservation Board, AND Board of County Commissioners of Eagle County, Colorado This IGA, is made by and between the Department of Natural Resources, Colorado Water Conservation Board (CWCB) 1313 Sherman Street, Room 721, Denver, Colorado, 80203, and the Board of County Commissioners of Eagle County, Colorado, P.O. Box 850, Eagle, Colorado 81631 (hereinafter referred'to as "Contractor"). WHEREAS, authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance there of remains available for payment in Colorado Water Conservation Board, FUND NUMBER 100, AGENCY PDA, ORGANIZATION 5500, APPROPRIATION CODE PD1, PROGRAM WTRC, OBJECT CODE 5120, GBL FMA6, REPORTING CATEGORY CONTRACT ENCUMBRANCE NUMBER C /,S 3 91-/1; and WHEREAS, the purpose of this IGA is to further the goals of flood hazard reduction by improving administration of floodplain management programs and fostering the goals and objectives of the National Flood Insurance Program (NFIP) related activities and flood control and floodplain management activities within Colorado; and WHEREAS, the authority of the CWCB to use grant funds for this project is a. Zved through Agreement Number 2EM730DNR, the Flood Mitigation Assistance gram which is part of the FY 02 EMPG between the Colorado Office of Emergency Management (OEM) and the Federal Emergency Management Agency (FEMA); and WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance remains available for payment in Fund Number 100, Appropriation Code PDI, Org. Unit 5500, GBL FMA6, Contract Encumbrance ; and Page 1 of 5 Pages 1%� NOW, THEREFORE, it is hereby agreed that: A. Scope of Services: "The Contractor shall perform or oversee the performance of the Project in accordance with the Scope of Services attached hereto as Attachment A and incorporated herein." B. INDEPENDENT CONTRACTOR RELATIONSHIP. THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. C. Time of Performance- This agreement, shall become effective upon signing by the State Controller and shall be in effect through March 31, 2003. D. Compensation and Method of Payment Total compensation responsibility by the Colorado Water Conservation Board under this IGA shall not exceed two thousand and two hundred and fifty dollars and no cents ($2,250.00) for the time period covered by this IGA. Eagle County will provide a written statement signed by the County Commission Chairman or his designee which insures the county's 25% grant match, half of which shall be cash. Compensation shall be paid when services are completed and an invoice(s) is provided to the CWCB. Eagle County will prepare a detailed financial report and provide it to the CWCB no later than April 30, 2003 which documents expenditure of federal dollars ($2,250) and the local twenty-five percent match, half of which will be cash. These local match amounts are $375 in -kind services and $375 cash for a total local match of $750. E. Termination This IGA may be terminated by any of the parties hereto upon written notice delivered to the other parties at least thirty (30) days prior to intended dates of termination. By such termination, no party may nullify obligations already incurred for performance or failure to perform prior to the date of termination. F. Changes/Amendments/Assignment This IGA constitutes the entire agreement between the parties. All amendments and/or changes shall be by written instrument executed by the parties of hereto. The parties hereto have caused this IGA to be executed as of the date set forth herein by their duly authorized representatives. The rights and responsibilities of the parties under this contract shall not be assignable without the prior Page 2 of 5 Pages written approval of the Colorado Water Conservation Board. G. This agreement is subject to and contingent upon the continuing availability of federal funds for the purposes hereof. Page 3 of 5 Pages SPECIAL PROVISION or Use Only with Inter -Governmental Contracts) 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. Indemnity: The contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, Section 24-10-101 et seq. C.R.S. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2, Rule P 10-1-11 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVENO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BYLAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. NON-DISCRIMINATION. Governors Executive Order August 1987 The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 7. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. Page 4 of 5 Appendix B THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: Board of County Commissioners of Eagle County, CO Legal Name of Contracting Entity Michael L. Gallagher, Eagle County Commission Chairman Print Name & Title of Authorized Officer CORPORATIONS: (A corporate seal or attestation is required.) Attest (Seal) STATE OF COLORADO: BILL OLWENS, GOVERNOR By Department LEGAL REVIEW: KEN SALAZAR, ATTORNEY GENERAL OF FAOt�� ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and / or services provided. STATE CONTROLLER: Arthur L. Barnhart B Date Page 5 of 5 Appendix B ATTACHMENT A Flood Mitigation Plan Scope of Work Eagle County Colorado Eagle County will prepare a Flood Hazard Mitigation Plan (the plan) upon completion of the Eagle River floodplain delineation project. The plan is an important part of the Eagle River and Roaring Fork River floodplain mapping projects. The existing floodplain data in Eagle County is more than 20 years old and is approximate, which was appropriate when Eagle County was a ranching community. Over the last 20 years, the Eagle County has seen extensive development that has changed the character of the community. The higher density requires a higher level of detail because of the encroachment on the floodplain. The floodplain mapping provides a framework for the county to assess flood hazards based on accurate information and then prepare appropriate mitigation measures. The plan will identify potential known flood hazards along the Eagle and Roaring Fork Rivers in Eagle County. These two rivers will be the focus of the study because most of the development in Eagle County is along these two river corridors. Potential flood hazards include residential, commercial and public property in the 100-year floodplain. Also, the vital infrastructure that is either located in the floodplain or has a history of being affected by flood waters will be identified. Likely infrastructure includes portions of Hwy 6 and several bridges across the Eagle and Roaring Fork Rivers. Once the flood hazards have been identified, the next step in preparing the plan is to develop appropriate mitigation measures. Mitigation measures can range from an education campaign to constructing drainage improvements. Criteria for determining appropriate mitigation measures will include public safety, potential property damage, cost, effectiveness and local input. The process of preparing the plan will start at the completion of the Eagle River floodplain study. With the completion of the study, an accurate assessment of the floodplain will exist. This will then allow for an accurate assessment of flood hazards. Upon completion of the flood hazard assessment, a draft plan will be prepared. This draft will then be sent out to the local affected communities and officials for review and comment. After the comments are received, at least one public meeting will occur for participation. Additional public meetings will be called depending upon community response. ENGINEERING DEPARTMENT (970) 328-3560 FAX (970) 328-8789 TDD (970) 328.8797 EAGLE COUNTY, COLOKADO March 14, 2002 Mark Matulik Colorado FMA Manager Colorado Water Conservation Board Department of Natural Resources 1313 Sherman Street, Room 721 Denver, CO 80203. RE: Flood Mitigation Plan Grant Funds Match Dear Mr. Matulik, 140/ EAGLE COUNTY BUILDING P.O. Box 850 550 Broadway Eagle, Colorado 81631-0850 This letter is to certify that Eagle County can meet the 25% matching requirement for the Flood Hazard Mitigation Plan grant. The matching funds will be in two forms. There is $375 allocated in cash for general expenses, publication and advertising. The additional $375 is in the form of in -kind services by Eagle County staff. If you have any questions, please call me at (970) 328-3560. Sincerely, EAG E COUNTY ENGINEERING DEPARTMENT H&L elen Migchelbrink Eagle County Engineer cc: Justin Hildreth, Project Engineer Chrono\File