HomeMy WebLinkAboutBocc Packet 11062013 Boulder County Flood AidAGENDA ITEM SUMMARY
REGULAR MEETING DATE: November 6, 2013
AGENDA ITEM TITLE: Emergency Resolution Approving an Intergovernmental with
the County of Boulder for Flood Related Aid
STAFF RESPONSIBLE: Jon Peacock
ISSUE STATEMENT: Shall the BOCC approve a confirmatory reading on a resolution, as
written, approving an intergovernmental agreement between Pitkin County and Boulder County to
provide flood related aid to Boulder County.
BACKGROUND: Flooding of epic proportions led to a Presidential Declaration of Disaster
beginning on September 11, 2013, a State of Colorado Emergency Declaration declared on
September 12, 2013, and a Local Disaster Emergency declared by Boulder County on September 12,
2013.
At the October 9t1' regular meeting the BOCC adopted an emergency resolution approving an
intergovernmental agreement with Boulder County to provide a framework for Pitkin County to
provide flood -related aid within Boulder County in accordance with Federal, State and local laws
and the policies of any Federal, state, or other agencies providing reimbursement for flood -related
work. This matter is before you at this time for a noticed confirmatory public hearing and second
reading of the resolution adopting the agreement.
LINK TO STRATEGIC PLAN: Safe and healthy communities
RECOMMENDED BOCC ACTION: Approve the confirmatory reading on a resolution
approving an intergovernmental agreement with Boulder County for flood -related aid.
ATTACHMENTS: Resolution with attached intergovernmental agreement
EMERGENCY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO A HOME RULE COUNTY ("PITKIN COUNTY")
APPROVING AN INTERGOVERNMENTAL AGREEMENT ("AGREEMENT") WITH
COUNTY OF BOULDER, COLORADO A BODY CORPORATE AND POLITIC
("BOULDER COUNTY") EACH A "PARTY" AND, COLLECTIVELY, THE "PARTIES"
FOR FLOOD RELATED AID
RESOLUTION NO. , 2013
RECITALS
1. Intergovernmental agreements to provide functions or services, including sharing the costs of
such functions or services, or incurring debt, by political subdivisions of the State of
Colorado, are specifically authorized by C.R.S. § 29-1-203, relevant portions of Title 24,
Article 33.5, and other sections of the Colorado Revised Statutes.
2. Pursuant to Section 2.8.5 of the Pitkin County Home Rule Charter the Board of County
Commissioners is authorized to approve intergovernmental agreements by Emergency
Resolution.
3. Flooding of epic proportions (the "Flood") led to a Presidential Declaration of Disaster
beginning on September 11, 2013, a State of Colorado Emergency Declaration declared on
September 12, 2013, a Local Disaster Emergency declared by Boulder County on September
12, 2013.
4. The Parties desire to enter into this Agreement to provide a framework for Pitkin County to
provide Flood -related aid within Boulder County in accordance with Federal, State, and local
laws and the policies of any Federal, State, or other agencies providing reimbursement for
Flood -related work.
5. The BOCC finds that adoption of this resolution is necessary for the immediate preservation
of the public health, safety and welfare of the citizens of the flood related area.
NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Pitldn
County, Colorado that the Chair be authorized to sign the Intergovernmental Agreement with the
County of Boulder for flood related aid.
1
INTRODUCED, READ AND ADOPTED AS AN EMERGENCY RESOLUTION ON THE
DAY OF 2013 AND SET FOR CONFIRMATORY PUBLIC
IIEARING ON THE DAY OF , 2013.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY
OF THE EMERGENCY RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON
2013.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE
RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE
www.aspenpitkin.com. ON THE DAY OF 2013.
CONFIRMED AT A CONFIRMATORY PUBLIC HEARING ON THE DAY OF
2013.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC
HEARING, IN THE ASPEN TIMES WEEKLY
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE www.aspenpitkin.com ON THE DAY OF 2013
ATTEST: BOARD OF COUNTY COMMISSIONERS
By By:
Jeanette Jones George Newman, Chair
Deputy County Clerk
Date:
APPROVED AS TO FORM: MANAGER APPROVAL
John Ely, County Attorney Jon Peacock, County Manager
2
INTERGOVERNMENTAL AGREEMENT FOR FLOOD -RELATED AID
THIS AGREEMENT FOR FLOOD -RELATED AID (the "Agreement") is effective as of
the 4th day of October, 2013, between the COUNTY OF BOULDER, Colorado, a body
corporate and politic ("Boulder County"), and the COUNTY OF PITKIN, Colorado, a home rule
county ("Pitkin County") (each, a "Party" and, collectively, the "Parties").
RECITALS
A. Intergovernmental agreements to provide functions or services, including sharing the
costs of such functions or services, or incurring debt, by political subdivisions of the State
of Colorado, are specifically authorized by C.R.S. § 29-1-203, relevant portions of Title
24, Article 33.5, and other sections of the Colorado Revised Statutes.
B. Flooding of epic proportions (the "Flood") led to a Presidential Declaration of Disaster
beginning on September 11, 2013, a State of Colorado Emergency Declaration declared
on September 12, 2013, a Local Disaster Emergency declared by Boulder County on
September 12, 2013.
C. The Parties desire to enter into this Agreement to provide a framework for Pitkin County
to provide Flood -related aid within Boulder County in accordance with Federal, State,
and local laws and the policies of any Federal, State, or other agencies providing
reimbursement for Flood -related work.
AGREEMENT
1. Boulder County requests, and Pitkin County agrees to provide, assistance directly related
to the provision of force account labor, equipment, or other resources for work resulting
from the declared disaster.
2. Pitkin County will provide force account labor, equipment, or other resources and
assistance for the removal and management of Flood debris and other Flood -related work
in Boulder County in compliance with all Federal, State, and local laws, codes, and
policies.
3. Boulder County will provide any contractor monitors that are required by FEMA, if a
private contractor is required. Pitkin County will administratively process invoices for
Pitkin County staff or contractors, tare sheets, load tickets, and any other associated
documents. Pitkin County will provide Boulder County with an invoice for a documented
cost of work, including personnel for performing appraisals of damaged homes and other
damage assessments in Boulder County.
4. Pitkin County does not seek reimbursement from Boulder County for any labor,
equipment, or other resources or assistance provided under this agreement. The value of
and rates for labor and equipment shall be determined according to FEMA's Disaster
Assistance Policy # 9525.2. Donated Resources.
5. Boulder County agrees to be responsible for Pitkin County's equipment while it is in
Boulder County's control and return Pitkin County's equipment in the same condition in
which it was received.
6. Boulder County agrees to add Pitkin County as an additional insured on its relevant
insurance policy or policies.
7. Nothing contained in this Agreement and no performance under this Agreement by
personnel of either Party shall in any respect alter or modify the status of officers, agents,
or employees of Boulder County or Pitkin County.
8. This Agreement is promulgated under C.R.S. § 29-1-201, the relevant portions of Title
24, Article 33.5, and relevant FEMA regulations, policies, and procedures. Colorado
Statutes shall control in case of conflict between this agreement and the Statutes. Each
and every term, provision, or condition herein in subject to and shall be construed in
accordance with the provisions of Colorado law, the charters of the Parties (if applicable),
and the ordinances and regulations enacted pursuant hereto.
EXECUTED as of the date first set forth above.
BOULDER COUNTY:
Cindy Domenico, Chair
Board of Boulder County Commissioners
Attest:
Clerk to the Board
COUNTY:
Attest:
r 6" --C f c't 3