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HomeMy WebLinkAboutResolution 2008-0034 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 34-2008 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 $6,567.00 WHEREAS, the intergovernmental agreements between political subdivisions of the State of Colorado are authorized by C.R.S. S 29-1-205; and WHEREAS, Jefferson County will permit and encourage governments to make the most efficient and effective use oftheir 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 Jefferson County Department of Health and Environment has contracted with OtterTail Environmental for integrated mosquito management (IMM) service within Jefferson County, Colorado, during the year 2008; 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, initial cost for prevention services will not exceed $6,567.00 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE THAT: 1. The City of Wheat Ridge desires to be a party to the Intergovernmental Agreement coordinating 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 ofthe City Council of the City of Wheat Ridge, Colorado on the \ l\ ~ day of1 ,D<j , 2008. ~ d . /7ulJ! ATTEST: Sb"~~~, \2i<r\j \ INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE MOSOUlTO MANAGEMENT PROGRAM {Revised Julv 3. 2008~ THIS INTERGOVERNMENTAL AGREEMENT is made and entered into and effective as of the _ day of .2008, between the JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT, whose address is l80119th Street, Golden, CO 80401, hereinafter referred to as the "Health Department"; and the CITY OF WHEAT RIDGE, a municipal corporation of the State of Colorado, with its principal office located at 7500 W. 29th Ave, Wheat Ridge, CO, hereinafter referred to as "Wheat Ridge." WITNESSETH: WHEREAS, the primary objective of public health mosquito control is to prevent the mosquito-borne transmission of diseases to humans, livestock, and domestic pets, and in order to effectively deal with the continuing threat of mosquito-borne transmission of West Nile Virus and other arboviral diseases, the Health Department has contracted with OtterTail Environmental, Inc., ("OtterTail") for Integrated Mosquito Management ("IMM") services within certain areas of Jefferson County, Colorado, during the year 2008; these services shall be provided to Jefferson County and various municipalities within Jefferson County at a cost per square mile basis, and WHEREAS, said IMM services are detailed in a document entitled PURCHASE OF SERVICES AGREEMENT, signed June 6, 2008 and approved by the Board of Health on June 17, 2008; a copy of which is attached hereto and incorporated herein as Attachment A, and WHEREAS, for a price to be paid to OtterTail by Wheat Ridge through payment to the Health Department, OtterTail, through the direction of the Health Department, will perform the IMM services as detailed in Attachment A for an area of approximately 9.5 square miles located within the boundaries of Wheat Ridge; and WHEREAS, the parties now desire to enter into this Intergovernmental Agreement so as to memorialize their agreement with respect to their respective responsibilities regarding the provision of such IMM services within Wheat Ridge's boundaries. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. PROVISION OF IMM SERVICES WIn1ll~ WHEAT RIDGE: Upon the signing of this Intergovernmental Agreement by the parties hereto, the Health Department will direct OtterTail, during the year 2008, to perform the IMM services set forth in Attachment A for an area of approximately 9.5 square miles located within the boundary of Wheat Ridge. The services and service fee do not include adulticide services. The Health Department will monitor the need for adulticiding and will advise the County and all participating municipalities if an adulticide program is recommended and approved by the Board of Health and Board of County Commissioners. 2. PROVISION OF OTHER IMM SERVICES BY WHEAT RIDGE: Wheat Ridge shall designate a point of contact for communication with the Health Department; provide public education to their citizens; refer citizen complaints to OtterTail; coordinate with the Health Department on IMM services or concerns; and advise the Health Department, by report, of the Page 1 00 IMM services, if any, conducted or directed by Wheat Ridge. The IMM service reports shall be submitted on a monthly basis on or before the 5th of the month effective July 2008 and ending October 2008. The monthly IMM service report, with the notation "re: West Nile IGA Report", shall be sent to Jefferson County Department of Health and Environment, 1801 19th Street, Golden Colorado 80401. 3. MONITORING THE PROVISION OF IMM SERVICE~: Stafffrom the Health Department will monitor the work of OtterTail and Wheat Ridge to ensure that the IMM services detailed in Paragraph 1 and 2 above are fulfilled. The Health Department will be responsible for coordinating between OtterTail and Wheat Ridge for the delivery ofIMM services detailed in Attachment A. As needed, the Health Department will provide Wheat Ridge with public education information and periodic reports regarding the status of mosquito-borne diseases and vector control. Questions regarding the Health Department's IMM services shall be through Dr. James Dale, Jefferson County Department of Health and Environment, 1801 19th Street, Golden, Colorado, 80401; PHONE: 303-271- 5718; FAX: 303-271-5702; EMAIL: idalelal.ieffco.us. 4. PAYMENT OF WHEAT RIDGE IMM SERVICE FEE: Wheat Ridge agrees to pay to the Health Department six thousand five hundred and sixty seven dollars ($6,567.00) which is equal to 50 percent of the total Wheat Ridge IMM service fee of thirteen thousand one hundred and thirty three dollars ($13,134.00) to reimburse the Health Department for Wheat Ridge's share of the IMM services performed by OtterTail. After execution of this Intergovernmental Agreement by the last party, Wheat Ridge shall pay the Health Department in three equal payments of two thousand one hundred and eighty nine dollars ($2,189.00) in response to July, August and September invoices from the Health Department. The payment, with a notation "re: West Nile IGA", shall be sentto Jefferson County Department of Health and Environment, 1801 19th Street, Golden Colorado 80401. 5. PAYMENT OF UNICORPORATED JEFFERSON COUNTY IMM SERVICE FEE:, The Health Department will pay for and direct OtterTail to P"";UHH the IMM services as set forth in Attachment A located within unincorporated Jefferson County. 6. TERM: The term of this Intergovernmental Agreement shaH be from the date of signature by the last party hereunder to and until December 31, 2008. 7. LIABILITY INSURANCE COVERAGEIINDEMNITYIWARRANTY:: As described in Paragraphs 11 and 12 of the PURCHASE OF SERVICES AGREEMENT, OtterTail shall maintain liability insurance coverage and will hereby indemnify and hold the Health Department and Wheat Ridge harmless from all claims, damages, loss, ~ury, cost and expense, including attorneys' fees resulting from or related to any negligent or intentional acts or omissions of OtterTail, its agents, employees, subcontractors and consultants, in its performance of the agreement. A copy of Otter Tail 's Certificate of Liability Insurance is provided as Attachment B. 8. NO GUARANTEE BY THE HEALTH DEPARTMENT: Wheat Ridge acknowledges that although the objective of the IMM services to be performed within Wheat Ridge's boundaries by OtterTail is to reduce the mosquito population and the consequent threat of transmission of West Nile Virus, the Health Department makes no guarantee as to the effectiveness of such IMM services in achieving such objective. 9. Jf,l~uKE AGREEMENT: This writing constitutes the entire Intergovernmental Agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon Page 2 of3 said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 10. NO WAIVER OF IMMlJl~u~: No portion of this Intergovernmental Agreement shaH be deemed to constitute a waiver of any immunities 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. 11. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Intergovernmental Agreement, and aH rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Intergovernmental Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Intergovernmental Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Intergovernmental Agreement shall be an incidental beneficiary only. Signed by the parties' the day of .2008. Jefferson County Department of Health and Environment By: By: Secretary to the Board of Health President Board of Health ATTEST: CITY OF WHEAT RIDGE, a municipal corpor~( 1tli'e STATE O~;:OLORADO By: ~~ ~~\ ~~...~ By: L- ,~4L City/Town Clerk ~ c-. .j W" APPR~S TO t,OOM: ( Ii By: !ft1~~!EfJ /~l Page 3 00