HomeMy WebLinkAboutbocc.con.332.2017 - BOCC CONTRACT#33)-g0/1
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS (`BOCC") OF PITKIN COUNTY,
COLORADO, AUTHORIZING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE GARFIELD
COUNTY CLERK AND RECORDER'S OFFICE
AND THE PITKIN COUNTY PUBLIC HEALTH
AGENCY CONCERNING VITAL STATISTICS
RESOLUTION NO. (1D7 ,2017
RECITALS:
1. Pursuant to Section 2 8.3 (Actions) of the Pitkin County Home Rule Charter
("HRC") official action by fonnal resolution shall be required for all actions of the
Board not requiring ordinance power on matters of significant importance affecting
citizens
2 The intent of this Memorandum of Understanding is to set forth the conditions at,
services provided by Garfield County Clerk and Recorder's Office to I(itkin County
Public Health for Vital Statistics Services.
3. The BOCC finds that it is in the best interests of the citizens of Pitkin County to
approve this Resolution.
NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby adopts a Memorandum Of Understanding between
the Garfield County Clerk And Recorder's Office and the Pitkin County Public Health
Agency Concerning Vital Statistics and authorizes the Chair to sign the Resolution and
upon the satisfaction of the County Attorney as to form, execute any other associated
documents necessary to complete this matter
INTRODUCED AND FIRST READ ON THE �3 DAY OF 0^- f�,, ,2017
A.ND SET OR SECOND READING AND PUBLIC HEARING ON T�15,~ DAY
OFCClr�rl-.u...c,{)w v 2017.
NOTICE OF PUBLIC HEARING AND TITLE ANL/SHORT SUMMARY OF TI
RESO�7yrl'TION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 3 a.7' DAY
OF /-{C�4 o^, f ,2017.
NOTICE OF PUBLIC HEARING AND THE FULI,TEXT OF THE RESOLUTION
POSTED ON THE OFFICIAL PATKIN COUNTY WEBSITE (yvww.pilkinconnly,com )
ON THE -g/mi DAY OF Joos V51- 2017.
ADOPTEDAFTER �
`�R FINAL READING AND PUBLIC HEARING ON THE �
DAY OF tatabir 2017.
PUBLISHED BY TITLE AND SHORT SL;MMARY, FER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE J DAY 01/ ..�{i..,,Lu.(20I7.
POSTED BY TITLE AND SHORT SUMMARY Ol4 THEjO'PF11'C"l—L PITK W COUNTY
WEBSITE(www.mlkincounty.com) ON THE pfR DAY OF 2017
ATTEST: BOA D OF COUNTY COMMISSIONERS
•
Cti
BY „4.4 1./.' . L44I/✓ B • la ✓
Jcam L e Jones George Ne u hair
Dept y County Clerk
Date:
APPROVED AS TO FORM: MANAGER APPROVAL
- sriim
John Ely, Coun orneyo] n Pea -.ck, County Manager
CONTRACT q /
MEMORANDUM OF UNDERSTANDING
BETWEEN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE
AND THE PITKIN COUNTY PUBLIC HEALTH AGENCY
CONCERNING VITAL STATISTICS
THIS MEMORANDUM OF UNDERSTANDING("MOU") is made by and between the
Garfield County Clerk and Recorder's Office, 109 8th Street, Suite 200, Glenwood Springs,
Colorado 81601,and Pitkin County Public Health Agency, 0405 Castle Creek Rd , Suite 6,
Aspen, Colorado 81611 for the purpose of designating the local registrar of vital statistics. The
effective date of this MOU shall be othh .,r /, 2017.
RECITALS
1 Local public health agencies are responsible for the collection, compilation, and
tabulation of certain vital statistics by Colorado Revised Statutes § 25-1-
506(3)(b)(XII)
2 The director of a local public health agency may act as the local registrar of vital
statistics or may contract out the responsibility of registrar in the area over which the
agency has)unsdiction. C.R.S. § 25-1-509(2)(d).
3 The Pitkin County Public Health Agency has obtained approval from the Office of
the State Registrar of Vital Statistics to contract with the Garfield County Clerk and
Recorder's Office to perform the functions of the local registrar of vital statistics.
The Garfield County Clerk and Recorder's Office has historically perfonned this
fiinction and is the office or agency in the area that is must capable of efficiently and
economically performing such functions.
AGREEMENT
NOW, THEREFORE, in exchange for the consideration described herein, which both
parties acknowledge is sufficient, it is hereby understood and agreed as follows:
1. The Pitkin County Public health Agency, through its director, hereby contracts
with the Garfield County Clerk and Recorder's Office to perform all functions and duties
associated with the collection, compilation, and tabulation of reports of marriages,deaths, and
other vital statistics as specified in C.R.S. § 25-1-506(3)(b)(VII).
2 These functions and duties shall include, but not be limited to the following:
a. Issuing certified copies of birth certificates, in accordance with the
relevant provisions of state statutes and/or rules promulgated by the
Colorado Department of Public Health and Environment("CDPHE"),
b Issuing death certificates and burial permits for Pitkm County, in
accordance with the relevant provisions of state statutes and/or rules
promulgated by the CDPHE,
c. Issuing marriage licenses,pursuant to the requirements of CRS. § 14-2-
101, et seq.;
d. Collecting, compiling,tabulating, and reporting births, deaths,and other
vital statistics to the CDPHE in accordance with relevant provisions of
state statutes and/or rules promulgated by the CDPHE,
e. Complying with any audits performed by the CDPHE in regard to the
functions and duties described herein.
Providing for and maintaining the privacy and security of personal
information obtained as a result of the perfomiance of the functions and
duties described herein, and doing so in accordance with relevant
provisions of state statutes and/or rules promulgated by the CDPHE;
g Signing a confidentiality agreement prepared by the Office of the State
Registrar of Vital Statistics,
h Participating in mandatory meetings and/or training programs offered by
the CDPHE related to the functions and duties described herein;
Complying with the Colorado Revised Statutes and the roles of the
CDPHE,including any and all provisions regarding confidentiality.
3. The Garfield County Clerk and Recorder's Office shall perlirm the functions and
duties described herein without cost to the Pitkin County Public Health Agency and, in exchange
therefore, the Garfield County Clerk and Recorder's Office shall retain, distribute,and/or utilize
any fees it may collect as a result of its performance hereunder.
4. The Garfield County Clerk and Recorder's Office shall annually submit to the
Pitkin County Public Health Agency Director a report on the number of vital records issued and
the fees collected and retained as a result. Such report shall be submitted by January 15°of each
year.
5, No party shall assign or subcontract the functions or duties to be performed
hereunder without the express written agreement of all parties hereto and the Office of the State
Registrar of Vital Statistics.
6, The term of this MOU shall remain in place unless modified or terminated by
mutual agreement or in accordance with paragraph 7 below.
7. This MOU may be changed or modified only in writing by an agreement
approved by the respective authorized officers of each party Either party may terminate this
MOU for cause or convenience upon ninety(90) days written notice to all parties hereto.
Page 2
C 4tsenjoulana sabell:MownIo cBCnl7 Vaal Stansocs MOO with Mum r Guilty 7 117 Pipes edits Jot
8. The terms and provisions of this MOU are severable If any term or provision is
declared invalid or become inoperative for any reason, such invalidity or failure shall not affect
the validity of any other terms or provisions.
9. This MOU shall inure to the benefit of and be binding upon the parties and their
respective successors and assigns
10. Each of the individuals signing below affirms that he or she is properly authorized
to execute this MOU.
11. This MOU evidences the entire agreement of the parties concerning the subject
matter herein, and any additional oral promises or agreements shall have no force or effect
12. Notices. Any notice required or permitted under this MOU shall be in writing
and shall be hand-delivered or sent by registered or certified regular mail,postage pre-
paid and via e-mail (electronic delivery) to the mailing and e-mail addresses set forth below.
Each party by notice sent under this paragraph may change the address to which future notices
should be sent. Electronic delivery of notices shall be considered delivered upon receipt of
confirmation of delivery on the part of the sender. Nothing contained herein shall be constnied
to preclude personal service of any notice in the manner prescribed for personal service of a
summons or other legal process
To: Pitkin County Public Health With copies to:
Karen Kocnemann Pitkin County Attorney's Office
0405 Castle Creek Rd, Ste 202 123 Emma Road, Suite 204
Aspen, CO 81611 Basalt, CO 81621
karen koenemann(pitkrneounty corn attorney(r4pitkincounty.com
To: Garfield County Clerk &Recorder's Office
Jean Alberico
109 8th St., Suite 200
Glenwood Springs,CO 81601
jalberico6jgarfield-county corn
13. Government Immunity. The parties agree and understand that both parties are
relying on and do not waive,by any provisions of this MOU the monetary limitations or terms or
any other rights, immunities, and protections provided by the Colorado Governmental Immunity
Act, C R.S 24-10-101, et seq., as from time to time amended or otherwise available to the
parties or any of their officers, agents, or employees.
14. Current Year Obligations The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only currently
budgeted expenditures of the parties The parties' obligations under this MOU 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 MOU shall be construed or interpreted as creating
a multiple fiscal year direct or indirect debt or other financial obligation of either or both parties
Page 3
LLhcis.iurdana 5ahclla Duwnloads OI i Vital Statistics MOU with Pilin County 7 3 17 Pdkm Nus due
within the meaning of any constitutional or statutory debt limitation. This MOU 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.
I5. Aereement made in Colorado. This MOU shall be construed according to the laws
of the State of Colorado, and venue for any action shall be in the District Court in and for Pitkin
County,Colorado,
lb. Attorneds Fees In the event that legal action is necessary to enforce any of the
provisions of this MOU, the substantially prevailing party,whether by final judgment or out of
court settlement, shall recover from the other party all costs and expenses of such action or suit
including reasonable attorney's fees
17. No Waiver. The waiver by any party to this MOU of any term or condition of this
MOU shall not operate or be construed as a waiver of any subsequent breach by any party.
IN WITNESS WHkREOF the parties hereto have executed tits MOU.
C
-eb i YY� nP�t,t..,�
an Alerico .- - Date
Garfield County Clerk & Recorder
ALX . ,flu' /0/4/73
Date
Chairperson
Board of County Commissioners of Pitkin County
1oi1-117
Karen Koenemann
Director Date
Pitkin County Public IIealth Agency
Page 4
f J],erary.'Ama sabellft)oxnlonnyQ017 V Jal Stamlics MOU wub Pam r ounry]117 Rhin edits dot
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS ("BOCC") OF PITKIN COUNTY,
COLORADO,AUTHORIZING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE GARFIELD
COUNTY CLERK AND RECORDER'S OFFICE
AND THE PITKIN COUNTY PUBLIC HEALTH
AGENCY CONCERNING VITAL� STATISTICS
RESOLUTION NO. U(yJ ,2017
RECITALS:
1 Pursuant to Section 2.8.3 (Actions)of the Pitkin County Home Rule Charter
("HRC") official action by formal resolution shall be required for all actions of the
Board not requiring ordinance power on matters of significant importance affecting
citizens.
2 The intent of this Memorandum of Understanding is to set forth the conditions•
services provided by Garfield County Clerk and Recorder's Office to*itkin Count
Public Health for Vital Statistics Services.
3. The BOCC finds that it is in the best interests of the citizens of Pitkin County to
approve this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby adopts a Memorandum Of Understanding between
the Garfield County Clerk And Recorder's Office and the Pitkin County Public Health
Agency Concerning Vital Statistics and authorizes the Chair to sign the Resolution and
upon the satisfaction of the County Attorney as to form, execute any other associated
documents necessary to complete this matter.
/..0
INTRODUCED AND FIRST READ ON THE 63 DAY OF 1 Os f ,2017
AND ET OR SECOND READING AND PUBLIC HEARING ON Ts / DAY
OF seta e if 2017.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESO TION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 3/a DAY
OF o , F , 2017.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIAL P TKIN COUNTY WEBSITE(www.nitkincounw.com)
ON THE 31441 DAY OF 0 USt 2017.
ADOPTED FT4R FINAL READING AND PUBLIC HEARING ON THE/-
DAY OF Itettch?2? 2017.
PUBLISHED BY TITLE AND SHORT S JMMARY, TER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE pi DAY OF2017.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFIC • PITKIN COUNTY
WEBSITE (www.uitkincounty,com)ON THE %i� DAY OF A ;., i , 2017.
t
ATTEST. BOA•I OF COUNTY COMMISSIONERS
BY f i ,�./• / B ,' �9_✓ �' i
Lean:/I a Jones / George Ne,man, hair
Dept County Cler.
Date: , 0
APPROVED AS TO FORM. MANAGER APPROVAL
John Ely, Conn- omey of n Pea ck, County Manager