HomeMy WebLinkAboutBocc Packet 12182013 Eagle County IGA CSU ExtensionAGENDA ITEM SUMMARY
WORK SESSION DATE: December 18, 2013
AGENDA ITEM TITLE: CSU Cooperative Extension Partnership Intergovernmental
Agreement
STAFF RESPONSIBLE: Jon Peacock, County Manager
ISSUE STATEMENT: On May 10 the Board approved a budget request to share a Colorado
State Cooperative Extension Horticultural Specialist with Eagle County and directed staff to
develop an IGA. The attached IGA formalizes this agreement with Eagle County.
BACKGROUND: Colorado State Extension has hired a Horticultural Specialist for the
Extension Office in Eagle County. On May 14th the Board approved a budget to partner with
Eagle County to share the horticultural specialist 20% for one year. To this end the Board
approved use of $17,291 in strategic initiative funds and directed staff to complete an IGA with
Eagle County. The attached IGA formalizes the one year partnership at a cost of $15,273.
Following adoption of the IGA staff will work to identify a work plan based on four areas of
interest identified when the budget supplemental was approved: 1) support for the County's
Weed Board and Weed Management Program; 2) assisting owners of small acreage agricultural
properties develop land management plans; 3) assisting private and public land owners diagnose
plant problems (bark beetle, fungi, pests, etc.); 4) providing assistance as requested by Open Space
and Trails with land management plans and weed identification and management.
LINK TO STRATEGIC PLAN: Core Focus Area: Livable & Supportive Community. Success
Factors 3, 4 and 5: access to recreation, education, arts and culture.
BUDGETARY IMPACT: On May 14th the Board approved use of strategic initiative funds in
the amount of $17,291 for the estimated share of costs for 20% of the Horticultural Specialist.
Under the attached IGA the actual costs are estimated to be $15,273
RECOMMENDED BOCC ACTION: Approved attached IGA on first reading and set for Public
Hearing.
ATTACHMENTS: INTERGOVERNMENTAL AGREEMENT BETWEEN
COUNTY OF EAGLE, STATE OF COLORADO AND COUNTY OF PITKIN, STATE OF
COLORADO FOR CSU EXTENSION HORTICULTURE/SMALL ACREAGE
MANAGEMENT SERVICES
INTERGOVERNMENTAL AGREEMENT BETWEEN
COUNTY OF EAGLE, STATE OF COLORADO AND COUNTY OF PITKIN, STATE
OF COLORADO FOR CSU EXTENSION HORTICULTURE/SMALL ACREAGE
MANAGEMENT SERVICES
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this
day of , 2013 by and between the COUNTY OF EAGLE,
STATE OF COLORADO, by and through its Board of County Commissioners, whose address is
500 Broadway, Eagle, Colorado 81631 (the "Eagle") and COUNTY OF PITKIN, STATE OF
COLORADO, by and through its Board of County Commissioners, whose address is 530 East
Main Street, Aspen, Colorado, 81611 ("Pitkin")(collectively the "Parties").
RFCITALS
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; and
WHEREAS, Pitkin wishes to secure a provider of certain Colorado State University
("CSU") Extension, horticulture/small acreage management services to citizens in Pitkin County.
CSU Extension services include leadership, organization, implementation and direction on the
development of educational programs and resources in horticulture and small acreage
management programs such as: dissemination of relevant research findings in agriculture &
natural sciences, small acreage management, entomology, food policy, and local food growing in
response to local needs (collectively, the "CSU Extension Program Services" or the "Services");
and
WHEREAS, Eagle entered into a Memorandum of Understanding with CSU Extension
dated December 9, 2008 (the "CSU MOU"), whereby CSU Extension provides CSU Extension
Program Services to citizens of Eagle County and Eagle provides, among other things, use of
office space and reimbursement of salary and benefits for the CSU Extension employee who
provides the CSU Extension Program Services to Eagle (the "CSU Extension Agent"); and
WHEREAS, Eagle is agreeable to contracting the services of its CSU Extension Agent to
Pitkin County so that CSU Extension Program Services can be provided to citizens of Pitkin
County in compliance with the rules and regulations governing CSU Extension and upon the
terms and conditions of this Intergovernmental Agreement; and
WHEREAS, it is in the best interest of both Pitkin and Eagle to enter into this
Agreement.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual promises and agreements of
the parties and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Eagle's CSU Extension Obligations and Authority. Eagle agrees that the CSU Extension
Agent will provide and administer the CSU Extension Program Services in Pitkin County, in
compliance with all applicable laws, rules and regulations, and as provided in this Paragraph 1.
Among other things, Eagle will:
A. Facilitate provision by the CSU Extension Agent of CSU Extension Program
Services which are developed in response to the needs of Pitkin County governing
bodies, advisory committees and citizens residing in Pitkin County;
B. Provide leadership and assistance with the administration of the Extension
Programs provided by the CSU Extension Agent; and
C. Facilitate access to qualified state and regional specialists that are available to
assist and advise in the conduct of county extension educational programs.
2. Pitkin's Obligations and Authority: Pitkin will reimburse Eagle as provided in Paragraph
3, below, and will cooperate with Eagle to facilitate the provision of CSU Extension Program
Services to the citizens of Pitkin County. Pitkin will:
A. Provide an office space at its Aspen location for client consultations, said office to
be equipped with a computer and printer hookup to allow internet access. Use of the
office and internet connection shall be provided without charge; and
B. Provide access to a copier, phone and fax machine without charge.
3. Reimbursement from Pitkin to Eagle: Pitkin will reimburse Eagle on a quarterly basis
for the CSU Extension Program Services provided by the Eagle CSU Extension Agent for Pitkin
residents, for a total reimbursement of $15,273.00, as outlined in the estimated budget set forth
below. The estimated budget is based on the actual expenses incurred in providing CSU
Extension Program Services to Pitkin's citizens pursuant to this Agreement. Eagle shall send
invoices to Pitkin on a quarterly basis. Pitkin shall pay each invoice within thirty (30) days of its
receipt. Along with the quarterly invoices, Eagle will additionally provide Pitkin with the
following output data: (a) the number of Pitkin County contacts made during the previous
quarter; and (b) impact data from the CSU Extension reporting system.
4. Annual Budget. An annual estimated budget will be prepared by Eagle in July of each
year to form a basis for financial projections by Eagle and Pitkin, with the understanding that
these figures may change along with changes in regulatory requirements or caseload. The
estimated budget will also contain the funding obligations of CSU Extension.
OA
The estimated annual budget for 2013 is as follows:
ESTIMATED 2013 BUDGET
CSU
Eagle County
Pitkin County
Salary + Fringe @ 24%
minus Formula Funding
$47,716.00 to
$66,936.00
(depending on
qualifications
and
experience)
Formula Funding ($12,700.00)
$10,160.00
$2,540.00
General Budget Expenses
$ 750.00
$ 6,400.00
$1,600.00
Eagle County Office Expenses
$ 17,332.00
$4,333.00
Add'I Travel to Pitkin County
$5,480.00
Printing/Marketing
$ 600.00
Food Supplies
$ 600.00
Meeting Supplies
$ 120.00
Totals
$48,716.00
$33,892.00
$15,273.00
5 Meetings. Eagle and Pitkin will meet as necessary to discuss ways to remedy any
persistent challenges or barriers to Pitkin County residents' access to public assistance.
6. Termination of Agreement. Either party may terminate this Agreement with or without
cause upon 90 days prior written notice to the other party. Should either party default in the
performance of its obligations under this Agreement, the non -defaulting party may terminate this
Agreement upon 30 days prior written notice to the defaulting party.
7. Independent Contractor Status. The parties enter into this Agreement as separate,
independent governmental entities and officials and shall maintain such status throughout. The
parties to this Agreement intend that the relationship between them is that of an independent
contractor. No officer, agent, contractor or employee of Eagle shall be, or shall be deemed to be,
the agent, contractor or employee of Pitkin. Eagle shall be solely and entirely responsible for the
means and methods to carry out the Services under this Agreement. The CSU Extension Agent
is an independent contractor of Eagle and shall be considered and shall remain an employee of
CSU Extension at all times and for all purposes under this Agreement.
8. Non -Assignable. This agreement is not assignable by either party.
9. Integrated Agreement. This Agreement may be changed or modified only in writing by an
agreement approved by the respective Boards of the parties and signed by authorized officers of
each party. This Agreement constitutes the entire Agreement between the parties and all other
3
promises and agreements relating to the subject of this Agreement, whether oral or written, are
merged herein.
10. Severability. 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.
11. Notices. Any notice required or permitted under this Agreement shall be in writing and
shall be hand -delivered or sent by registered or certified regular mail, postage pre -paid to the
addresses of the parties as follows. Each party by notice sent pursuant to this paragraph may
change the address to which future notices should be sent.
Notice to Eagle: Rita Woods
Eagle County Health and Human Services
551 Broadway
P.O. Box 660
Eagle, Colorado 81631-660
With copy to: Eagle County Attorney
500 Broadway, P.O. Box 850
Eagle, Colorado 81631
Notice to Pitkin County:
With copy to:
Notice to CSU Extension
Jon Peacock
0405 Castle Creek Road, suite 7
Aspen, Colorado 81611
Pitkin County Attorney
530 E. Main St., Suite 302
Aspen, CO 81611
C.J. Mucklow, Western Regional Director
2764 Compass Drive, Suite 232
Grand Junction, CO 81506-8746
With a copy to: Judith Barth, Director of Operations
CSU Extension
4040 Campus Delivery
Fort Collins, CO 80523-4040
12. Inimunily. The Parties agree and understand that both parties are relying on and do not
waive, by any provisions of this Agreement, the monetary limitations or terms or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-
il
10-101, et seq., as from time to time amended or otherwise available to the parties or any of their
officers, agents, or employees.
13. Currently Budgeted Expenditures. The Parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall refer only to currently
budgeted expenditures of the Parties. The Parties' obligations under this Agreement are subject
to each individual Party's annual right to budget and appropriate the sums necessary to provide
the services set forth herein. No provision of this Agreement shall be construed or interpreted as
creating a multiple fiscal year direct or indirect debt or other financial obligation of either or both
Parties within the meaning of any constitutional or statutory debt limitation. This Agreement
shall not be construed to pledge or create a lien on any class or source of either Parties' bonds or
any obligations payable from any class or source of each individual Party's money.
14. Binding Effect. The rights and obligations of the Parties under this Agreement shall be
binding upon and shall inure to the benefit of the parties.
15. Choice of Law and Venue. 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 either Pitkin or
Eagle County, Colorado. Each Party to this Agreement 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.
16. Method for Resolving Disputes and Service. In the event of a dispute between the Parties
concerning performance of either Party's obligations under this Agreement, the dispute shall first
be referred to each Party's respective Director of Human Services. In the event that these
individuals are unable to reach agreement regarding the dispute, they shall refer it to the
respective County Managers of each Party. Should the County Managers fail to resolve the
dispute, this Agreement may be terminated pursuant to Section 6.
17. Duration. This Agreement shall remain in effect for a period of one (1) year unless earlier
terminated pursuant to the provisions of Section 6.
18. Pitkin Approval. The foregoing Agreement is approved by the Board of County
Commissioners of Pitkin County, Colorado at its regular meeting held on the day of
52013.
19. Eagle Approval. The foregoing Agreement is approved by the Board of County
Commissioners of Eagle County, Colorado at its regular meeting held on the day of
52013.
5
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the
day and year first above written.
BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM
OF PITKIN COUNTY, COLORADO
By:
George Newman, Chairman John Ely, County Attorney
BOARD OF COUNTY COMMISSIONERS
EAGLE COUNTY, COLORADO
Sara J. Fisher, Chairman
ATTEST:
Teak J. Simonton, Clerk to the
Eagle Board of County Commissioners
C�
APPROVED AS TO FORM OF
By:
Beth Oliver, County Attorney