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HomeMy WebLinkAboutResolution-2006-0022 RESOLUTION NO. 22 SERIES OF 2006 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT AND THE CITY OF WHEAT RIDGE FOR COOPERATIVE MOSQUITO MANAGEMENT PROGRAM IN THE AMOUNT OF $6,602.50 WHEREAS, the mtergovernmental agreements between political subdivisions of the State of Colorado are authorized by C.R.S ~ 29-1-205, and WHEREAS, Jefferson County will permit and encourage governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governments; and WHEREAS, in order to effectively deal With the continuing threat of mosqUito borne transmissIOn of West Nile Virus, the Jetlerson County Department of Health and Envlfonment has contracted with OtterTml EnVironmental for integrated mosquito management (IMM) service within Jefferson County, Colorado, during the year 2006, and WHEREAS, the agreement with the Jefferson County Department of Health and EnVironment Will help slow the spread and Impact of the West Nile Virus, and WHEREAS, Imtial cost for prevention services will not exceed $6,602.50 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE THAT: I. The City of Wheat Ridge desires to be a party to the Intergovernmental Agreement coordinatmg mosquito control activities. 2. The Mayor and City Clerk are hereby authorized and empowered to execute the Intergovernmental Agreement on behalf of the City of Wheat Ridge. DONE AND RESOLVED at a meeting of the City Council of the City of Wheat Ridge, Colorado on the J:tl\rJ day of l1Yl~ ,2006. .......... ~ A TrEST. (~LW_'~~ am Anderson, CIty Clerk . I ':-/;/)\L' I J1 Jerrf Ddullio, Mayor (,[" Lv INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE MOSQl1ITO MANAGEMENT PROGRAM THIS INTERGO\'ERNMENT AL AGREEMENT IS made and entered mto etfectl\e as of t'" day of ,200(1, between the JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT, whose address IS 180 I 19th Street, Golden. CO 8040 I heremafter referred to as the "Health Depm1ment", and the CITY OF WHEAT RIDGE, a muniCipal corporatlun of the State of Colorado. with ItS pnnclpal otllCe located at 7500 W 2C)th I'\ve Wheat Ridge, C(), herell1after referred tu as "MUl1lClpality ,. \\ ITNESSETH: WHEREAS, the objective of public health mosqUIto control IS to prevent the mosqUlto-bome transmiSSIOn of diseases to humans, livestock, and domestic pets, in order to effectively deal with the contmumg threat of mosquito borne transmission of West Nile ViruS and other arbovlral diseases, the Health Depm1ment has contracted with OtterTail Envlrol1l11ental, Inc., ("Company" ) for Integrated MosqUito Management ("IMM") services wlthm certam areas of Jefferson County. Colorado, dunng the year 2006, these services shall be provIded to the County and MUl11clpalitles at a cost per square mile baSIS. The current understandmg of the square miles to be covered IS 9 S, and i< WHEREAS, saId IMM services are detailed m a document entitled PURCHASE OF ~ER VICES AGREEMENT, signed Apnl 18 2006, a COpy of which IS attached hereto and mcorporated herem as Exhibit A, and the area to receive IMM servIces IS set forth m the Jefferson County Coverage Map which IS attached hereto and ll1corporated herem as Attachment A to Exhibit A of Exhibit A, and WHEREAS, the Colorado Department of Public Health and EnVironment has developed general gUldelmes for the ImplementatIOn of a mosqUIto control program for use throughout Colorado, a copy of which IS displayed m Attachment B to Exhibit A of Exhibit A" and WHEREAS, for a pnce to be paid to Company by the MUl11cipality through payment to the County. the Company through the directIOn of the Health Department will perform requested IMM services as outlmed m Exhibit A of Exhibit A wlthm the boundanes of MUlllClpality; and WHEREAS, the County has proVided funds to the Health Department for the IMM sen/lces WIth the Company through a budget transfer and the Health Department wtll make payments to Company from sULh funds, and \\'HEREAS the pm11es now deSire tu enter mto thiS Intergovernmental Agreement so as to memonalize theIr agreement With respect to their respectIve n:sponslblhtles regardmg the provision of such IMM services within MUl11cipahty's boundaries. NO\\', THEREFORE, m consideration of the mutual promises and covenants contamed herem, the parties hereto agree as follows Page I PROVISION OF IMM SERVICES BY COMP AN) WITHIN MlINICIP ALITIY'S BOUNDARIES: lTpon the slgnll1g oftlllS Intergovernmental Agreement by the parties hereto and the payment of the service fee by MUl1lclpahty to the County as detailed 111 Paragraph 3, below, the Health Department shall direct Company to perform the IMM services set forth 111 Exhibit A of Exhibit A wlthm the areas wlthm the Municipality's boundanes as shown on the Coverage Map (Attachment A to Exhibit A of Exhibit A) dUrIng the year 2006 The servIces and servIce fee do not ll1clude adultlclde services. The Health Department ,viII mOl1ltor the need for adull1Cldll1g and adVise the County and all partlclpatll1g mUI1lClpahtles If an adultlcldc program IS recommended and approved by the Board of Health and Board of County C ommlSSlUners ') PROVISION OF IMM SERVICES BY MUNICIPALITY WITHIN MUNICIP ALITIY'S BOUNDARIES: : Thc MUl1lClpality shall be responsible feJr' deslgnatmg a pomt of contact for commul1lcatll1g with the Ilealth Department, provldmg publIc educatIOn of their Citizens, coordll1atmg with the Health Department on IMM activities or concerns, refernng citizen complall1ts to the Company: and advIsmg the Health Department by report ofIMM activIties conducted wlthll1 theIr Junsdlctlon by entities other than the Company on a monthly basis on or before the 5th of the month effective July 2006 and endll1g October 2006 As a mmlmum the report shall address the number oflarval development sites mspected, number of sites treated. and educatIOnal activIties conducted by the contractor and/or the mUI1lClpality A copy ofthe contract( s) with entities other than the Company shall be attached to the July report.(Exhibit B, Report Form) The report shall be sent to Jefrerson County Department of Health and Environment (with a notatIOn re West Nile IGA Report) at 180 I 19th Street, Golden Colorado 80401 3 PAYMENT OF SERVICE FEE: MUlllclpality agrees to pay to the County, 50/1 00 of the total mUlllclpal Service Agreement fee to rennburse the County, SIX thousand six hundred two dollars and 50/1 00($6,602 50} for a portIOn of the IMM scrvlces to be performed by Company wlthm MUl1lclpahty's boundaries dUring the year 2006 After executIOn OftlllS Intergovernmental Agreement by the last party, mUl1lClpahty shall pay the County m three equal payments of two thousand two hundred dollars and 83/1 00($2,200 83) m July, August and September of2006 The payment shall be sent to Jefferson County Department of Health and EnVironment (With a notation re West Nile IGA) at 1801 19th Street, Golden Colorado 80401 4 MONITORING OF THE WORK OF COMP AN\: AND OTHER PROVISION OF SERVICES: Staff from the Health Department shall be responsible for monitonng the work of Company and the MUl1lclpality to ensure that the IMM servIces detailed m paragraph 1 above and 111 Exhibit A of Exhibit A are fulfilled dUring the year 2006 wlthm MUl1lClpahty's boundanes I urthermore, the Health Page 2 Department will be responsible for coordll1atll1g between the Company and MUl1lclpal1t}, prO\/ldmg publtc educatIOn and reporting on the status ofmOSLjUlto- borne lliscases and vector control Notice and contact shall be through Dr James Dale, Jefferson County Department of Health and Environment, 180 I 19th Street. Golden, Colorado, 8040L PHONE 303-271- 57111 FAX 303-271-5702, EMI\IL Jll'lJ<CcYJ.c:.r[c~)g,~ 5 AGREEMENT BY THE HEALTH DEPARTMENT TO PAY FOR IMM SERVICES TO BE PERFORMED BY COMPANY WITHIN THE VNICORPORATED AREA SHOWN ON THE COVERAGE MAP (Exhibit A, Attachment A): The Health Department shall pay for and dIrect Company to perform the IMM serv Ices set forth m Exhibit A of Exhibit A dunng 2006 wlthm the unll1corporated area as shown on Coverage Map (Attachment A to Exhibit A of Exhibit A) 6 TERM: The term oftlllS Intergovernmental Agreement shall he from the date of signature by the last party hereunder to and until December 31, 2006 7 LIABILITY INSURANCE COVERAGE/INDEMNITYIWARRANTY: As descnbed m paragraphs 5 and 6 of the PIIRCHASE OF SeRVICES AGREEMENT the contractor will mamtam Liability Insurance coverage and will herehy Il1deml1lt) and hold The Health Department and the mUl1lClpality harmless from all claltns, damages, loss, mJury, cost and expense, mcludmg attorneys' fees resultmg from or related to any negligent or mtentlOnal acts or omISSIOns ofthe Contractor. Its agents, employees, subcontractors and consultants, mlts performance ofthe agreement. Also see Exhibit C (Copy of Insunnce) 8 NO GUARANTEE BY THE HEALTH DEPARTMENT: MUl1lClpality acknowledges that although the goal of the IMM services to be performed wlthm Mumclpality's boundanes by the Company IS to reduce the mosqUito populatIOn and consequent threat oftransnllsslOn of West Nile Virus, the Health Department makes no guarantee as to the effectiveness of such IMM services m achievmg such goal 9 ENTIRE AGREEMENT: This wnting constitutes the entire Intergovernmental Agreement between the parties hereto with respect to the subject matter herem, and shall be bmdmg upon SaId parties, their officers, employees, agents and assigns and shallmure to the benefit of the respective surVIVors, heIrs, personal representatives, successors and assIgns of SaId partIes. 10 NO WAIVER OF IMMUNITY: No portIOn ot thiS Intergovernmental Agreement shall be deemed to constItute a WaIver of any Immul1lties the parties or their officers or employees may possess, nor shall any portIon of thiS Intergovernmental Agreement be deemed to have created a duty of care which did not preVIOusly eXist With respect to any person not a party to thiS Intergovernmental Agreement. Page 3 II NO TIIIRD PARTY BENEFIClAR\ ~~NFORCEMENT: It IS expre'isly understood and agreed that the enforcement of the terms and cllndltlOIb uf tl1l', Intergovernmental Agreement, and all nghts of actIOn relat1l1g to such enforcement, shall be stnctly reserved to the undersigned partlcs and noth1l1g 111 tl11S Intergovernmental Agreement shall gIve or allov" any claltn or nght of actIon whatsoever by any other person not mcluded 111 thiS Intergovemmental Agreement. It IS the express mtention of the undersigned parties that any entity other than the underSigned pm'tles recennng services or benefits under thiS Intergovernmental Agreement shall be an mCldental beneticiary only SIgned by the partles' the__ day uf ,2006 Jefferson County Department of Health and EnVIronment By By' ,(].f/- /!.&J~ Pr~1 of Health A TTEST CITY Of WHEAT RIDGE, a mUlllClpal corporatIOn of the STATE OF COLORADO /I ~.----:' 11 J) /J.i. L l' , J By' L! ']v/ MaYfr J Page 4