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SECOND AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
GARFIELD COUNTY,COLORADO AND
PITKIN COUNTY,COLORADO
FOR THE PROVISION OF COMMUNITY SERVICES BLOCK GRANT FUNDS
SERVING THE RESIDENTS OF EACH COUNTY
(the"IGA")
THIS SECOND AMENDMENT TO THE INTERGOVERNMENTAL
AGREEMENT ("Second Amendment") is made and entered into by and between the BOARD
OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO
("Garfield County") AND the BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO ("Pitkin County"; individually, "Party"; collectively, "Parties"). This
Second Amendment shall be effective as of the 1u day of January, 2019 ("Effective Date"),
regardless of the dates on which it is signed.
RECITALS
WHEREAS,the Parties entered into the IGA that was approved by Garfield County on
April 16,2018 and approved by Pitkin County on or about April 30,2018.The IGA is contingent
on the funding through the Colorado Department of Local Affairs grant through the Community
Services Block Grant("CSBG")Program;and
WHEREAS, since the approval of IGA and the First Amendment on or about July 23,
2018 that made certain the funding allocation to Pitkin County, Garfield County is in receipt of
two additional Option letters that funds the remainder of the CSBG for 2019. Option Letter 3,
CMS#125873 and Option Letter 4,CMS#127896 constitute the CSBG funds for 2019;and
WHEREAS, Option Letters 3 and 4 of the CSBG referenced above provide additional
funding for Garfield and Pitkin Counties of which a specified amount is to be allocated to Pitkin
County.
NOW,THEREFORE,in consideration of the foregoing recitals and the mutual promises
and covenants contained herein,and for other good and valuable consideration,the Parties agree
to this Second Amendment as follows:
1. Incorporation and Confirmation of Recitals and Exhibits.The Parties confirm
the statements set forth in the foregoing Recitals and incorporate such Recitals herein as integral
parts of this Agreement.
2. Paragraph 4 a.4)is amended to read as follows:
4)All specific use of funding will be overseen by Pitkin County,meeting all CSBG Grant
guidelines,requirements,and the Uniform Guidance of 2 CFR 200,et seg.Current fiscal amount
for 2018-19 is$27,386.64.Garfield County will submit reimbursement payments to Pitkin County.
a,4ta. .4yporac.d.rnolge.010."011M11-
4. Except as amended by this Second Amendment, all other provisions of the IGA
shall remain in full force and effect. In the case of any conflict between the terms of this Second
Amendment and the provisions of the IGA, the provisions of this Second Amendment shall
control. Except as the IGA are specifically modified by this Second Amendment, the Parties
hereby ratify,reaffirm and restate the terms of the IGA.This Second Amendment may be executed
in counterparts, each of which shall be deemed an original and may be signed and delivered
facsimile transmission or electronic mail,and all of which,when taken together,shall constitute
one and the same agreement.
IN WITNESS WHEREOF;11‘Parties have executed his-S cond Amendment to the
Intergovernmental Agreement. _.r..,. `',
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A ST: PITKIN OUNTY,COLO' • DO
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Tit IA CHAIR
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Second Amendment to IGA with Pitkin CSBG 2 P a g e
CSB017—Garfield County 2018-2021
OPTION LETTER
Date:12/13/18 I Original Grant Award Letter CMS IA 107523 CMS(1125673
1) OPTIONS:Choose gill applicable options listed in§1 and in§2
❑ a. Option to extend(me Ms optionfor Extension((Time)
® b. Change in the maximum Grant Funds dollar amount within current term(use this opilorn for an
Increase or Decrease In Grant Funds,Including Supplementalfrnding awards)
2) REQUIRED PROVISIONS.All Option Letters shall contain the appropriate provisions set forth below:
a.Reserved[or use with Option lie).
b.For use with Option Hb)t In accordance with Section 7(A)of the original Grant Award Letter Terms and
Conditions between the State of Colorado,acting by and through the Colorado Deportment of Local Afibira,and
GARFIELD COUNTY,the State hereby exercises its option to increase Grant Funds awarded for this Project in
an amount equal to$17.795,from,S70.912 to 580.707. The Total Grant Amount in the Summary of Grant Award
Terms and Conditions is hereby changed to 508.707.The Budget table(s)in Section 4 of Exhibit B arc modified
with the addition of tiro following:
4.1.4. Option Letter If3
Funding Type Budget Line PFY(apecifyexpiratlon date) Amount
Formulaic 7 FFY19(expires 09/30/20) 316,948
OLi13(CS1913) SO
SO
Discretionary S FFY18(expires 09/30/19) S847
OLil3(CS1813)
TOTAL S17.795
3) Effective Date.The effective date of this Option Letter is upon approval of the State Controller or 12/20/10,
whichever is later.
STATE OF COLORADO
John W.Hlehenlooper GOVERNOR
Colorado Department of Local Affairs
By: 71,40
.'_"'
Halter.Executive Direct°
Date:_470/Z&/2O i6
ALL CONTRACT§REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State contracts.This Option Letter Is not valid Datil signed
and dated below by the State Controller or delegate.Contractor Is not authorized to begin performance until such time.
If Contractor begins performing prior thereto,the State of Colorado Is not obligated to pay Contractor for such
peribrmonec or[or say goods and/or services provided hereunder.
TATE CONTR s LER
'obert ares,CP i.A,JD
By: ! dG� B lsvYd or—
gtse Cha/, .11er Delegate J
Date: /'2'l08'IJ8
Page l of l
DocuSign Envelope ID:69045E02-C92C-4777-8062-A517C3815B3E
CSBG 17-Garfield County 2018-2021
CSBG
CTGG1 NLAA 2018*1643
OPTION LETTER#4
SIGNATURE AND COVER PAGE
State Agency Encumbrance Number Option Letter CMS
Department of Local Affairs Ll8CSBG17 Number
127896
Grantee Previous CMS#(s)
GARFIELD COUNTY 107523,107987,110810,125873
Project Number and Name Grant Amount
CSBG 17-Garfield County 2018-2021 Initial Award: $13,335.00
Option Letter#1 02/26/2018: 8,101.00
Option Letter#2 06/01/2018: 49,476.00
Option Letter#3 12/27/2018: 17,795.00
Option Letter#4 02/21/2019: 17,795.00
Total Grant Amount: $106,502.00
DOLA Program Manager Prior Grant Agreement Current Grant Agreement
Alex Vercio,(303)864-8431 Expiration Date Expiration Date
alex.vercio(a state.co.us 06/30/2021 06/30/2021
THE PARTIES HERETO HAVE EXECUTED THIS OPTION LETTER
Each person signing this Option Letter represents and warrants that he or she is duly authorized to execute this
Option Letter and to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S.Polis GOVERNOR
Colorado Department of Local Affairs
By: [DoeuSiynod by:
9— ?lt Cry FOR
F4C4CFAMF0A0405.
Rick M.Garcia,Executive Director
2/25/2019 I 11:32 AM MST
Date:
ALL CONTRACTS REOUIRE APPROVAL BY THE STATE CONTROLLER
CRS§2430-202 requires the State Controller to approve all State contracts.This Option Letter Is not valid until signed and
dated below by the State Controller or delegate.
STATE CONTROLLER
Robert Jaros,CPA,MBA,JD
RIA4S1--
ocuSpned/by:
By: l -
C301020598242?,.
Yingtse Cha,Controller Delegate
Effective Date: 2/28/2019 11:02 PM MST
Page 1 of 2
DocuSign Envelope ID:69o45E02-C92C-4777.8062-A517C3B15B3E
CSBG 17—Garfield Counly 2018.2021
1) OPTIONS:Choose f jj applicable options listed in§I and in§2
0 a. Option to extend(use this option for&rtension of Time)
/1 b. Change in the maximum Grant Funds dollar amount within current term(use this option for an
Increase or Decrease in Grant Funds,including Supplemental funding awards)
2) REQUIRED PROVISIONS.All Option Letters shall contain the appropriate provisions set forth below:
a.Reserved for use with Option 1(4.
b.For use with Option 1(b):In accordance with Section 7(A)of the original Grant Award Letter Terms and
Conditions between the State of Colorado,acting by and through the Colorado Department of Local Affairs,and
GARFIELD COUNTY,the State hereby exercises its option to increase Grant Funds awarded for this Project in
an amount equal to$17,795,from)58,707 to$106.502. The Total Grant Amount in the Summary of Grant Award
Terms and Conditions is hereby changed to$106,502.The Budget table(s)in Section 4 of Exhibit B are modified
with the addition of the following:
4.1.5. Option Letter#4
Funding Type Budget Line# FFY(specify expiration date) Amount
Formulaic 9 FORM-OL#4(I0/1/18-9/30/20) $16,948
OL#4(CS 1913) $0
Discretionary 10 DISC-OL#4(Expires 9/30/19) $847
OL#4(CS 1813)
TOTAL $17,795
3) Effective Date.The effective date of this Option Letter is upon approval of the State Controller or 02/21/2019,
whichever is later.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 2of2
STATE OF COLORADO Page 1 of 2
C.0 Department of Local Affairs
COLORADO
ONTRACC' *#'"*"INIP01."I'ANT"**'f
Number: CTGGI,NLAA,20180000I643 The order number end line number must appear on all
Date: invoices,packing slips,cartons,and correspondence.
Description: 311.E'10
L18CSBG17 Garfield County 2018-2019
State Award:
Effective Date: 02/16/18
• 0 1
Buyer:
Email:
ENDOR
GARFIELD COUNTY
108 8TH ST
STE 201
GLENWOOD SPRINGS,CO 81601-3355 SI IIPPING INSTRUCTIONS
Delivery/Install Date:
Contact: Judy Martin FOB:
Phone: 111-111-1111
VENDOR INSTRUCTIONS
:XTLNDII) DESCRIPTION
Version 1-CMS#107523
Version 2-CMS#107987-Increase to Formulaic&Discretionary Funds as per Option Letter#1(2.26.18 kb)
Version 3-CMS#110810-Increase to Formulaic&Discretionary Funds as por Option Letter#2(5.31.18 kb)
Version 5-CMS#125873-Increase to CSBG19 Formulaic&CSBG18 Discretionary Funds as per Option Letter
#3(12.27.18 kr)
ne 'e C m odi /Rem Code UUM QTY Unit Cost Total Cost 1V4S1?S Rea.
01000 0 0.00 $12,700.00
Description: CS1813 Formulaic
Service From: 02/16/18 Service To: 09/30/19
Lineltem •Cymmodity/Xtem Code it0M QTY UnIt'Cost Total Cos( _ MEDS Bo:,
0I000 0 0.00 $635.00 t]
Description: CS1713 Discretionary
Service From: 02/16/18 Service To: 09/30/18
STATE OF COLORADO Page 2 of 2
Cp Department of Local Affairs
COLORADO
Line Item Commoditvlltem Code UOM •Qmx Untt_Cost 'Total Cost MSDS Req.
11111.1.1 01000 0 0.00 $7,716.00 0
Description: CSI813 Formulaic-Option Letter#1
Increase to Formulaic Funds as per Option Letter#1
Service Prom: 02/26/18 Service To: 09/30/19
, Line tem, Commodity/Item Code UOM QTY Unit,Cost Total Cost MSDSReq:
4 01000 0 0.00 $385.00 0
Descrietion: CS 1713 Discretionary-Option Letter#1
Increase to Discretionary Funds as per Option Letter#1
Service From: 02/26/18 Service To: 09/30/18
Line Item Commodity/Item Code UOM QTY Unit Cost Total Oct MSDSRcq.,=
01000 0 0.00 $47.120.00 0
Description: CS 1813 Formulaic-Option Letter#2
Increase to Formulaic Funds as per Option Letter#2
Service From: 06/01/I8 Service To: 09/30/19
Line Item Commoditv/Item Code UOM QTY• Unit Cost Totall'coat MSDSRel.
1111.1111111 G1000 0 0.00 $2,356.00
Description: CS 1813 Discretionary-Option Letter#2
increase to Discretionary Funds as per Option Letter#2
Service From: 06/01/18 Service To: 09/30/19
ne_te Co m i d i i U oA.k OXY Unit Cost Total Cost MSDS Req.
0 01000 0 0.00 $16,948.00
Description: CS 1913 Formulaic-Option Letter#3
Increase to Formulaic Funds as per Option Letter#3
Service From: - Service To: 09/30/20
Line tet • CommoditvJten Code UOM ' QTY Unit Coal" "‘TotiECoit 3VISDSItcq:
8 01000 0 0.00 $847.00 0
Description: CS 1813 Discretionary-Option Letter#3
Increase to Discretionary Funds as per Option Letter#3
Service From: - Service To: 09/30/19
TERMS AND CONDITIONS
Refer to the fully executed Contractor Agreement.
REASON FOR PICATION
Change Order Number: 2
Increase to CSBOI9 Formulaic&CSBG18 Discretionary Funds as per Option Letter#3
DOCUMENT TOTAL A 588.707.00
APPROVED BY CONTRACT
RESOLUTION # 9,o/ 5
# 01- 1015 FIRST AMENDMENT TO
f�G�c �d ) INTERGOVERNMENTAL AGREEMENT BETWEEN
GARFIELD COUNTY,COLORADO AND
PITICIN COUNTY,COLORADO
FOR THE PROVISION OF COMMUNITY SERVICES BLOCK GRANT FUNDS
SERVING THE RESIDENTS OF EACH COUNTY
(the"IGA")
THIS FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
("First Amendment") is made and entered into by and between the BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO ("Garfield County")
AND the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
("Pitkin County"; individually, "Party"; collectively, "Parties"). This First Amendment shall be
effective as of the 151 day of January, 2018("Effective Date"), regardless of the dates on which it
is signed.
RECITALS
WHEREAS, the Parties entered into the 1GA that was approved by Garfield County on
April 16, 2018 and approved by Pitkin County on or about April 30, 2018;and
WHEREAS, since the approval of IGA,Garfield County is in receipt of two Option letters
which funds the remainder of the Colorado Department of Local Affairs grant through the
Community Services Block Grant("CSBG") Program for 2018. Option Letter 1, CMS #107987
and Option Letter 2,CMS #110810 constitute the grant of funds for 2018; and
WHEREAS, Option Letters 1 and 2 referenced above makes certain the amount that was
anticipated in the IGA.
NOW, THEREFORE,in consideration of the foregoing recitals and the mutual promises
and covenants contained herein, and for other good and valuable consideration, the Parties agree
to this First Amendment as follows:
1. Incorporation and Confirmation of Recitals and Exhibits.The Parties confirm
the statements set forth in the foregoing Recitals and incorporate such Recitals herein as integral
parts of this Agreement.
2. Paragraph 4. a. 1)is amended to read as follows:
1)Garfield County will serve as the fiscal agent and lead administrator for the PCSA for
the CSBG program serving residents of Garfield and Pitkin counties and will act as the
"Department" under the CSBG Organizational Standards. As lead administrator,Garfield County
will receive and account for CSBG funds on behalf of both counties and administer the CSBG
Tripartite Board. All specific use of funding for the Pitkin County program will be overseen by
Pitkin County, meeting all CSBG Grant guidelines and requirements and the Uniform Guidance
of 2 CFR 200,et seq. Current Q I fiscal amount for 2018 is$3,429.00.
3. Paragraph 4 a.4) is amended to read as follows:
4)All specific use of funding will be overseen by Pitkin County,meeting all CSBG Grant
guidelines,requirements, and the Uniform Guidance of 2 CFR 200,et seq..Current fiscal amount
for 2018 is$18,234.72, Garfield County will submit payments to Pitkin County.
4. Except as amended by this First Amendment, all other provisions of the IGA shall
remain in full force and effect. In the case of any conflict between the terms of this First
Amendment and the provisions of the IGA, the provisions of this First Amendment shall control.
Except as the IGA are specifically modified by this First Amendment, the Parties hereby ratify,
reaffirm and restate the terms of the IGA. This First Amendment may be executed in counterparts,
each of which shall be deemed an original and may be signed and delivered facsimile transmission
or electronic mail, and all of which, when taken together, shall constitute one and the same
agreement.
IN WITNESS WHEREOF, t1 Parties have executed this First Amendment to the
Intergovernmental Agreement,
FIEL OUN ' COLORADO
ATTEST: \•.""".
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, .
rY1 , y:
can Alberico, Clerk a I er . Crz
•.,
coi."0•R* Dated: fr 1 Z3 I e:
•••••
•
ATTEST: PITKIN NTY,COL I DO
By:
Title: CHAIR
Dated:
First Amendment to IGA with Pitkin CSBG 2age
Pitkin County,meeting all CSBG Grant guidelines and requirements and the Uniform Guidance
of 2 CFR 200,et seq.Current QI fiscal amount for 2018 is$3,429.00.
3. Paragraph 4 a.4)is amended to read as follows:
4)All specific use of funding will be overseen by Pitkin County,meeting all CSBG Grant
guidelines,requirements.and the Uniform Guidance of 2 CFR 200,et seq..Current fiscal amount
for 2018 is 818,234.72.Garfield County will submit payments to Pitkin County.
4. Except as amended by this First Amendment,all other provisions of the IGA shall
remain in full force and effect. In the case of any conflict between the terms of this First
Amendment and the provisions of the IGA,the provisions of this First Amendment shall control.
Except as the IGA are specifically modified by this First Amendment,the Parties hereby ratify,
reaffirm and restate the terms of the IGA.This First Amendment may be executed in counterparts,
each of which shall be deemed an original and may be signed and delivered facsimile transmission
or electronic mail, and all of which, when taken together, shall constitute one and the same
agreement.
IN WITNESS WHEREOF, the Parties have executed this First Amendment to the
Intergovernmental Agreement.
GARFIELD COUNTY COLORADO
ATTEST:
By
Jean Alberico,Clerk and Recorder CHAIR
Dated:
ATT P.T: PITKIN COUNTY,COLORADO
_0_1/ 4.14/ By: — �3 h
Title! v N tliar4i-04,._!--
"9 e LlX—
Dated: t --Pix/r t
First Amendment to IGA with Pitkin CSBG 2 I
STAFF AUTHORIZED
. SIGNATURE
Aled(i_ ±Ev ,t i OONTRACT It12:21G
• RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS('BOCC")OF PITKIN COUNTY,
COLORADO,APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN PITKIN COUNTY("PITKIN")
WITH GARFIELD COUNTY("GARFIELD")REGARDING
THE PROVISION OF COMMUNITY SERVICES BLOCK
GRANT("CSBG")FUNDS SERVING THE RESIDENTS OF
EACH COUNTY
RESOLUTION NO. .2016
RECITALS:
1. Pursuant to Title 29,Article I.part 2,Colorado Revised Statutes,u amended(the
Intergovernmental Relations Statutes' and Article XIV,Section is of the Colorado
Constitution,governments may contract with one another to provide arty function,service
or facility lawfully authorized to each of the contracting units and any such contact may
provide for the joint exercise of the function,service or facility,including the
establishment of a separate lead entity to do eo.
•
2. Pitkin and Garfield wish to enter into an intergovernmental agreement for the purpose of
Increasing efficiencies fn the administration and provision of Community Services Block
Grant(CSBG)funds through the formation of a Paired-County Service Area(PCSA);
3. Both Pitkin and Garfield are governments authorized to atter into agreements
pursuant to C.R.S.§29-1-203 for purposes including the provision of any function,
service,or facility lawfully authorized to each;and
4. The BOCC finds that it is in the best interests of the citizens of Pitkin and Garfield to
enter Into this agreement in order to insure collaboration,In the form of a Paired-
County Service Agency,which can improve both service delivery and efficiency of
grant programs.
NOW,THEREFORE,BE tf RESOLVED by the Board of County Commissioners of Pitkin
County.Colorado that Pitkin County is authorized to enter into an intergovernmental
Agreement with Garfield County in substantially the same form satisfactory to the County
Attorney,and authorizes the Chair or the director of health and human services to sign the
agreement on behalf of the County and further,authorization for the director of health and
. CONTRACT knEat/4
INTERGOVERNIIIE TAL AGREEMENT FOR THE PROVISION OF
COMMUNITY SERVICES BLOCK GRANT("MG")FUNDS
SERVING THE RESIDENTS OF EACH COUNTY
THIS INTERGOVERNMENTAL AGREEMENT(the"Agreement")is made this Je_day of
Auansf,2016 by the COUNTY OF PITKLN,STATE OP COLORADO,by and through its Board
of County Commissioners, whose address is 530 Bast Main Street, Aspen, Colorado, 81611
('Turin')and by the COUNTY OF GARFIEL.D,STATE OF COLORADO,('Ylsrfield")by end
through its Board ofCounty Conuaissianers,whose address is 108 8th Street,Suite 101,Glenwood
Springs,Colorado 81601 collectively the("Parties").
NOW,THERBFORB,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 potties agree as follows:
1. This Agreement is entered into purnhant to, Inter dila, C.R.S. b 29-1-201, et seq., and
Article XIV,Section 18 of the Colorado Constitution.
2. Term. The tam of this Agreement is from October 1,2016 through December 31,2017.
The following year,this agreement tam will be January 1,2018 through December 31,
2018. This agreement will automatically renew January through December for one year
periods unless terminated In writing. Any party may terminate this agreement by giving
60 days'written notice to the other patty.
3. Garfield county Obligations,
a.Garfield County will serve as the lead administrator for the Paired County Service Area
(PCSA)for the Community Service,Block Grant(CSBO)program nerving residents of
Garfield(GCDHS)and Pitkin(PCHHS)counties and will act as the"Department"under
the Community Services Block Grant Organizational Standards. As lend administralor,
Garfield County will receive and account for CSBG funds on behalf of both counties,and
administer the CSBO Tripartite Board.
b.The operation of CSBG programs in the PCSA will be administered through Garfield
County in which Pitkin operating costs will be charged against CSBO.GCDHS will submit
billing io CSBG for both Garfield's and Pitkin's CSBO Program.
c.Garfield County shall be the fiscal agent AU specific use of funding will be overseen
by PCHHS,meeting all CSBG Grant guidelines and roquirrancntL. Current fiscal amount
of 2016 is S14,611.00. MARS will submit payments to PCHHS.
d.OCDHS will submit theCSBG application,program and financial reports(detailing both
Garfield and Pitkin County activities)to CSHG program manager per their calendar with
copies shared with PCHHS.
1
Aspen,Colorado 81611 Aspen,Colorado 81611
To:Garfield County With copies to:
Director,OCDHS Garfield County Attorney's Office
195 West 14th Street 108 8th Street,Suite 219
Rifle,CO 81650 Glenwood Springs,CO 81611
7. Government Immunity. 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 toms
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.
8. Current Year Obligations, The parties acknowledge and agree that any payments
provided for hereunder or requirements for funny appropriations shall constitute only
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,hail not be construed to
pledge or create a lien on any class or source of either patties'bonds or any obligations
payable from any class or source of each individual party's money.
9. j jodina Rights and Obligations,The rights and obligations of the parties under this
Agreement shall be binding upon and shall inure to the benefit of the parties and their
respective successors and assigns.
10.Agreed ,made in Colorado,This Agreement 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. 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.
11.&tr.Tenrnination: See Section 2 above.
12.Attorney's Fees: In the event that legal action is necessary to enforce any of the
provisions of this agreement,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 of suit including reasonable attorney's fees.
The foregoing Agreement is approved by the Board of County Commissioners of Pitkin County,
Colorado at its regular meeting held on the /34 day of viva 2016,
The foregoing Agreement was approby the urs of Cow v,c.1 at its regular
meeting held on the i day of s f ,2016. w Cay►
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7/34/2018 CUBS—Print Preview
07/31/2018 - BENEFIT PAYMENT HISTORY - 07
SSN: 550 81 6130 0 NAME: THOMAS/MEGAN L BYE: 04/13/2019
BENEFITS WBA: 340.00 BALANCE: 2534.08 W/H IND/CHG/EFF: N 08
F
PGM PO PO BATCH PAYMT PAYMT PAY ORIG UN DIS TOTAL A
CDE DOI BWE DOR NUMBER DOI NUMBER TYPE PYMT FL REA PAYMT C
00 061218 061618 8000800000 0000000 00 0.00 0 00 0.00 N
01 052918 060918 061118 2100111100 061218 0594481 01 340.00 0 00 340.00 N
81 052918 060218 061118 2100111108 061218 0594481 01 340.00 0 00 348.00 N
01 051418 052618 052818 2100111100 052918 0575321 01 340.00 0 00 340.00 N
01 051418 051918 052818 2100111100 852918 0575321 01 340.00 0 00 340.80 N
01 042918 051218 051318 2100111100 051418 0555795 01 340.00 0 00 340.00 N
01 042918 050518 051318 2100111100 051418 0555795 01 340.00 0 00 340.80 N
01 041718 042818 042918 2100111100 042918 0533075 61 340.00 0 00 340.00 N
01 041718 042118 042918 2100111100 8008000 10 0.00 0 00 8.00 N
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httpslluibenefits.cdle.state.ca.us/cubslprint7v.vlldO6dialo9-uId 0050589d6b16507515c881130179ad7d 1!1
CONTRACT
# /61- hof
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS ("BOCC")OF PITKIN COUNTY,
COLORADO, APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN
PITKIN COUNTY PUBLIC HEALTII("PITKIN")AND
GARFIELD COUNTY PUBLIC HEALTH
("GARFIELD")CONCERNING WOMEN,INFANTS
AND CHILDREN (WIC) PROGRAM SERVICES
RESOLUTION NO. 601 -2015
RECITALS:
1, Pursuant to Title 29, Article I,part 2, Colorado Revised Statutes,as amended(the
"Intergovernmental Relations Statutes")and Article XIV, Section 18 of the
Colorado Constitution,governments may contract with one another to provide any
function,se:vice or facility lawfully authorized to each of the contracting units and
any such contract may provide for the joint exercise of the function, service or
facility, including the establishment ofa separate legal entity to do so,
2. Pursuant to Section 2.15.3 (Actions)of the Pitkin County Home Rule Charter
("1IRC")official action by formal resolution shall he required for all actions of the
Board not requiring ordinance power on matters of significant importance affecting
citizens.
3. Pitkin County("Pitkin")and Garfield County("Garfield") wish to enter into an
intergovernmental agreement for the purposes of Special Supplemental Nutrition
Program for Women, Infants,and Children (WIC)Services and;
4. Both Pitkin and Garfield arc governments authorized to enter into agreements
pursuant to C.R.S. § 29-1-203 for purposes including the provision of any
function, service, or facility lawfully authorized to each:and
5. The HOCC finds that it is in the best interests of the citizens of Pitkin and
Garfield to enter into this agreement in order to ensure the health and welfare of
the citizens of both Counties.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that Pitkin County is authorized to enter into an
Intergovernmental Agreement with Garfield in substantially the same form satisfactory to
the County Attorney, and authorizes the Chair or designee, to sign the resolution and the
agreement on behalf of the County.
Af
INTRODUCED AND FIRST READ ON THE /�,, DAY OF . 2$1-8 V.411
AND $ET FOR SECOND READING AND PUBLIC HEARING ON THE jO DAY
OF Gua vi~v 2018.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF 1E
RES1,94UTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE J� DAY
OFG e4.eii , 2018.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFIC PITKIN COUNTY WEBSITE(www.pitkincounty.com )
ON THE ° DAY OFC.d44 her 2018.
ADOPTED ER FINAL READING AND PUBLIC HEARING ON THE /D
DAY OF v 2018.
PUBLISHED BY TITLE AND SHORT SUMMARY, ER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE iir`4 DAY OF Car 2018.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFF1C L PITKIN C Ot 1NTY
WEBSITE (www.pitkincounty.com ) ON THE pn DAY OF it 2018.
ATT : BOARD OF COUNTY COMMISSIONERS
By. - - -_
Jeans to Jones ! Patti Clapper, Chair
Der); y County Cler
Date: O3-O8 18
APPROVED AS TO FORM: MANAGER APPROVAL
John Ely, Counttorne Jon PeacockCounty ty Manager
Effective 01-02-2018
This repeals oll previous versions of this template previously posted to PCN
JONTRACT
INTERGOVERNMENTAL AGREEMENT c�
Between Pitkin County and Garfield County z /`7 / 2 0/ b
For Women, Infants and Children Program (WIC)Services
THIS INTERGOVERNMENTAL AGREEMENT(the"Agreement")is made this
20th day of November, 2017 by and between the Board of County Commissioners of
Pitkin County,Colorado,whose address is 123 Emma Road, Suite 106,Basalt, CO 81621
("the County")and the County of Garfield.
RECITALS
WHEREAS, this Agreement is entered into pursuant to,inter alio, C.R.S.§* 29-1-201,et
seq., and Article XIV, Section 18 of the Colorado Constitution.
WHEREAS, the Counties each currently receive monies from the State of Colorado to
support the Women, Infant and Children ("WIC")Program in each County;and
WHEREAS, each Garfield County has been providing the services of their WIC educator
to Piktin County;and
WHEREAS, the Counties believe that the Program monies can be maximized and the
services currently provided are made more effective and efficient if the Counties
coordinate with one another to provide certain benefits to the WIC educator;and
WHEREAS, it is of mutual benefit of the parties hereto that the parties cooperate
between themselves for the coordination of resources of the Counties respective WIC
programs;and
WHEREAS, the Counties have agreed that it is in the public interest of the citizens of the
representative Counties to cooperate in this effort to aid in the support and benefit of each
County's respective WIC Program;
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual promises and
agreements of the parties and other good and valuable consideration, the adequacy and
sufficiency of which is hereby acknowledged,the parties agree as follows:
1. Effective October 1, 2017, Garfield County shall provide standard county
employee benefits to the WIC Program Educator equivalent to an employee
working 40 hours per week, pursuant to the terms and provisions of the Garfield
County Personnel Policies and Procedures Manual. The WIC Educator shall,
however, dedicate 16 hours/month to Pitkin County Public Health through it's
subcontractor,Community Health Services,Inc.
2.In exchange,Pitkin County Public Health shall reimburse Garfield County monthly for
a pro-rata share of the WIC Program Educator's salary,benefits and expenses equivalent
to 16 hours/month.The counties understand and agree that these hourly rates recognize
the total cost of the employee benefits to be paid to the WIC educator,and that such
amount will never be over and above the annual amounts paid to each County by the
State of Colorado.The Counties recognize that such amounts may be subject to annual
increases or decreases to employee salaries and other employee benefits.
1 Garfield County Public Health shall submit a quarterly invoice to Pitkin County Public
Health by the 5th of each month. This invoice shall cover salary,benefits and a 10%
administrative fee for Garfield County. It is anticipated that the quarterly payment from
Pitkin County Public Health shall be in the amount of S 1,790.17
Current Hourly Wage: S19.78
Current Hourly Benefits:513.46
Total:$33.24 '
33.24 x 16 hrs=531.84 x 10%indirect =($53,1.84)
Total monthly payment due=5585.024
Total quarterly payment due=51,790.17
TOTAL.CONTRACT AMOUNT: $7160.69 for 12 months
4. If Pitkin County Public Health requires more than 16 hours per month, it shall
reimburse Garfield County for the additional hours.
5. Each County shall be responsible for directing and supervising the WIC Program
Educator's work in their respective County according to the Task Order for the particular
County's WIC program, The Pitkin County Public Health Director and WIC Director for
each County, shall meet quarterly together with the WIC Educator to check in on
progress,discuss supervision and ensure that the Pitkin County WIC Program is working
to best serve the needs of thy community.
6. Any disciplinary issues that may arise regarding the WIC program Educator's
performance in either of the Counties shall be addressed according to the policy and
provisions of the Garfield County Personnel Policies and Procedures Manual. In that
regard, the Director of the Garfield County WIC Program shall be considered the WIC
Educator's supervisor, and the Director of the Garfield County WIC Program shall
address personal issues.
7. This IGA shall be effective as of'October 1, 2017, and will automatically renew
- annually unless terminated in accordance with ParagrapVirirtbelow and subject to the
funding and terms of the Task Order renewal for each County with the State of Colorado.
In August of each year, the Counties will confer with one another to discuss the terms of
the IGA and their continued applicability for the forthcoming term. Any changes or
modifications to the terms of the IGA agreed upon at the time shall be made in writing
and approved by the BoCC of Garfield County and Pitkin County, prior to becoming
effective.
8. Each County shall maintain its own separate case files,records and other documents
required to be maintained according to any state or federal regulations for the
administration of thc WIC program. Each County shall remain the legal custodian of all
such records and documents and shall remain a distinct entity for purposes of any
financial or other reporting requirements.
9. Each County shall be responsible for maintaining liability insurance coverage for the
activities of the WIC Educator on behalf of each County's WIC program in accordance
with thc liability limits specified in the Colorado Immunity Act.
10. The WIC Educator shall be considered to be a Garfield County employee for
purposes of worker's compensation insurance coverage while providing WIC Program
Services on behalf of Pitkin County pursuant to this IGA.
II. This IGA shall remain in full force and effect, subject to annual budget and
appropriation requirements,until either entity seeks to terminate it. Termination shall be
effective on the date specified,in any termination notice,providing that a minimum of 90
days prior written notice is given to the other party to this IGA.If the IGA is terminated,
all compensation that has been earned prior to the termination shall be paid to the WIC
Educator and each County shall be responsible for paying its portion of such
compensation.
12. All notices required or permitted by any provisions of this IGA shall be directed to
Pitkin County, care of Karen Koenemann, Pitkin County Public Health Director, 0405
Castle Creek Rd, Suite 202, Aspen, Colorado 81611 and to Yvonne Long, Public Health
Director, 195 W 14th St. Rifle, Colorado 81650. Any party may at any time or from time
to time, designate in writing a substitute address for that above set forth, and thereafter
notices shall be directed to such substitute address.
I . This agreement contains the entire understanding and agreement of the parties upon
the subject matter hereof. There is no agreement,oral or otherwise,that is not set forth in
writing. Except as otherwise provided herein, no subsequent change or addition to this
IGA shall be binding unless in writing and signed by parties hereto.
14. The prevailing party in any action to enforce terms and conditions of this IGA shall
collect all reasonable costs and expenses incurred in such action including but not limited
to reasonable attorneys fees.
Assignability,.This agreement is not assignable by either party.
2.Modifications This Agreement may be changed or modified only in writing by an
agreement approved by the respective Boards of the Governments and signed by
authorized officers of each party.
3. Entire Agreeniggi. This Agreement constitutes the entire Agreement between the
parties and all other promises and agreements relating to the subject of this Agreement,
whether oral or written,arc merged herein.
4. 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.
5.Notices. Any notice required or permitted under this Agreement shall be in
writing and shall be provided by electronic delivery to the e-mail addresses set forth
below and by one of the following methods 1)hand-delivery or 2)registered or
certified mail,postage pre-paid to the mailing 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 construed to preclude personal service of any notice in the manner
prescribed for personal service of a summons or other legal process.
Notice to Pitkin County:
Karen Koenemann, Public Health Director
0405 Castle Creek Rd., Suite 202
Aspen,Colorado 81611
Karen.Koenemann(d:pitkincaunty.com
With copies to:
Pitkin County Attorney's Office
123 Emma Road,Suite 204
Basalt, CO 81621
attorney a@,pitkincountY$Qrn
Notice to Garfietd County:
Yvonne Long, Public Health Director
195 W 14th St.
Rifle, Colorado 81650
ylongC3a garfield-county,com
With copies to:
Garfield County Attorney's Office
108 Rth Street,Suite 219
Glenwood Springs,CC) 81601 •
6. Gpvernment Immunity. 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. 24-10-101,et seq.,as from
time to time amended or otherwise available to the panics or any of their officers,
agents,or employees.
7. Current Year Obligation. 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'obligaticars
under this Agreement arc 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,
S. Binding Rights and Qbligatjona, The rights and obligations of the parties under
this Agreement shall be binding upon and shall inure to the benefit of the parties
and their respective successors and assigns.
9. Agreement made in Colorado. This Agreement 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.
10. Attorney Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement,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.
11.ND Waiver. The waiver by any party to this Agreement of any term or condition
of this Agreement shall not operate or be construed as a waiver of any subsequent
breach by any party.
12.Authority. Each person signing this Agreement represents and warrants that said
person is fully authorized to enter into and execute this Agreement and to bind the
party it represents to the terms and conditions hereof.
The foregoing Agreement is approved by the Board of County Commissioners of Pitkin
County,Colorado at its regular meeting held on the /044- day of J4. 1
'144-7 'oj
The foregoing Agreement is approved by Garfield County Public Health 20th day of
November 2017.
In Witness whereof;the parties hereto have caused this agreement to be executed as of
the day and year first above written.
Garfield County
111 By: L. , oft Cat)01
In Director
BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM
OF PITKIN COUNTY,COLORADO
By: yoctrk..uji u, By: 5 /wit rc-y.
Chair County Attorney
Manager Approval:
By:L
Ion Peacock, ounty Manager
effective 09-06-2017
This repeals all previous versions of this template previously posted to PGIN
The foregoing Agreement is approved by the Board of County Commissioners of Pitkin
County,Colorado at its regular meeting held on the 16*i- day of jec.v,44-,.
, poi"
The foregoing Agreement is approved by Garfield County Public Health 20th day of
November 2017.
In Witness whereof,the parties hereto have caused this agreement to be executed as of
the day and year first above written.
Garfield County
� — 111
BY: L oakNil
Director
BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM
OF PITKIN COUNTY,COLORADO
By: 5a- 3.üqt P9.44' By:
Chai County Attorney
Manager Approval:
By: U f14U.5 4
Jan Peacock,County Manger
•
�fJective 09-06-2017
This repeals all previous versions g[this template previously parted to PC1N
STAFF AUTHORIZED
' SIGNATURE �q_�6/6
mItat ( 4 r' NTRAcT#�zd ..
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS ("BOCC") OF PITKIN COUNTY,
COLORADO,APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN PITKIN COUNTY("PITKIN")
WITH GARFIELD COUNTY("GARFIELD")REGARDING
THE PROVISION OF COMMUNITY SERVICES BLOCK
GRANT("CSBG")FUNDS SERVING THE RESIDENTS OF
EACH COUNTY •
RESOLUTION NO. e5I ,2016
RECITALS:
1. Pursuant to Title 29,Article 1,part 2, Colorado Revised Statutes, as amended(the
"Intergovernmental Relations Statutes")and Article XIV, Section 18 of the Colorado
Constitution,governments may contract with one another to provide any function, service
or facility lawfully authorized to each of the contracting units and any such contract may
provide for the joint exercise of the function, service or facility,including the
establishment of a separate legal entity to do so.
2. Pitkin and Garfield wish to enter into an intergovernmental agreement for the purpose of
increasing efficiencies in the administration and provision of Community Services Block
Grant(CSBG)funds through the formation of a Paired-County Service Area(PCSA);
3. Both Pitkin and Garfield are governments authorized to enter into agreements
pursuant to C.R.S. §29-1-203 for purposes including the provision of any function,
service, or facility lawfully authorized to each; and
4. The BOCC finds that it is in the best interests of the citizens of Pitkin and Garfield to
enter into this agreement in order to insure collaboration, in the form of a Paired-
County Service Agency,which can improve both service delivery and efficiency of
grant programs.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Pitkin
County, Colorado that Pitkin County is authorized to enter into an Intergovernmental
Agreement with Garfield County in substantially the same form satisfactory to the County
Attorney, and authorizes the Chair or the director of health and human services to sign the
agreement on behalf of the County and further, authorization for the director of health and
1
human services to sign all future amendments to this intergovernmental agreement with
approval of such by the county manager.
03„kte
INTRODUCED AND FIRST READ ON THE DAY OF 4 b'Ii ,2016 AND
SE FOR SECOND READING AND PUBLIC HEARING ON THE DAY OF
V( 2016.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RE OLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 3 ad-, DAY OF
,2016.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE(www.pitkincounty.com )ON THE
3#-DAY OF elm 2016.
ADOP D AFTER FINAL READING AND PUBLIC HEARING ON THE tO DAY
OF 2016.
PUBLISHED BY TITLE AND SHORT SUMMAR;,AFTER ADOPTION,IN THE ASPEN
TIMES WEEKLY ON THE 0,rm-DAY OF at-p ,2016.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIA PITKIN COUNTY
WEBSITE(www.pitkincounty.com)ON THE h DAY OF ff 1/ 2016.
ATTE : BOARD OF COUNTY COMMISSIONERS
By /0/0
Jeane ie Jones
Rachel Richards, Chair
•••,
Depui County Clerk
Date:
APPROVED AS TO FORM: MANAGER APPROVAL
q:"
John , o • Attorney Jon Peac ck, County Manager
2
.mm6
CONTRACT# l - fd
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF
COMMUNITY SERVICES BLOCK GRANT ("CSBG")FUNDS
SERVING THE RESIDENTS OF EACH COUNTY
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this 15th day of
August,2016 by the 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") and by the COUNTY OF GARFIELD, STATE OF COLORADO,("Garfield")by and
through its Board of County Commissioners,whose address is 108 8th Street,Suite 101,Glenwood
Springs, Colorado 81601 collectively the("Parties").
NOW, THEREFORE, 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. 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.
2. Term. The term of this Agreement is from October 1, 2016 through December 31, 2017.
The following year, this agreement term will be January 1, 2018 through December 31,
2018. This agreement will automatically renew January through December for one year
periods unless terminated in writing. Any party may terminate this agreement by giving
60 days'written notice to the other party.
3. Garfield County Obligations.
a. Garfield County will serve as the lead administrator for the Paired County Service Area
(PCSA) for the Community Services Block Grant (CSBG) program serving residents of
Garfield (GCDHS) and Pitkin (PCHHS) counties and will act as the "Department"under
the Community Services Block Grant Organizational Standards. As lead administrator,
Garfield County will receive and account for CSBG funds on behalf of both counties, and
administer the CSBG Tripartite Board.
b. The operation of CSBG programs in the PCSA will be administered through Garfield
County in which Pitkin operating costs will be charged against CSBG.GCDHS will submit
billing to CSBG for both Gar-field's and Pitkin's CSBG Program.
c. Garfield County shall be the fiscal agent. All specific use of funding will be overseen
by PCHHS,meeting all CSBG Grant guidelines and requirements. Current fiscal amount
of 2016 is $14,611.00. GCDHS will submit payments to PCHHS.
d.GCDHS will submit the CSBG application,program and financial reports(detailing both
Garfield and Pitkin County activities) to CSBG program manager per their calendar with
copies shared with PCHHS.
1
e. CSBG Tripartite Board Representation will be through appointment by the Senior
Program's Advisory Board and as recommended by current CSBG Tripartite Board
members to allow for three equal parts of representation from persons with low income,
public/elected officials, and the community at large. Each County will have at least one
resident serving as a CSBG Tripartite Board member.
f. Members of the CSBG Tripartite Board will meet a minimum of two times per year
and fully participate in development,planning, and implementation of the CSBG program
through Results Oriented Management and Accountability(ROMA).
4. Pitkin's Obligations. •
a. Pitkin County will manage its CSBG program through continuing to subcontract with
Catholic Charities(CC), ensuring all program guidelines and requirements are met. These
guidelines and requirements include determining client eligibility, reporting, brokering
necessary services with providers. •
b.Pitkin County will submit all reporting documents,including invoices,at least one week
prior to CSBG due date.
3. Assignability. This agreement is not assignable by either party.
4. Modification. This Agreement may be changed or modified only in writing by an
agreement approved by the respective Boards of the Governments and signed by authorized
officers of each party. This Agreement constitutes the entire Agreement between the
parties and all other promises and agreements relating to the subject of this Agreement,
whether oral or written, are merged herein.
5. 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.
6. Notice. 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 under this paragraph may
change the address to which future notices should be sent. Electronic delivery of notices
shall also be deemed sufficient and considered delivered upon receipt of confirmation of
delivery on the part of the sender.
To: Pitkin County With copies to:
Deputy Director HHS Pitkin County Attorney's Office
0405 Castle Creek Rd#101 530 E. Main Street,#302
2
Nmh.
Aspen, Colorado 81611 Aspen, Colorado 81611
To: Garfield County With copies to:
Director, GCDHS Garfield County Attorney's Office
195 West 14th Street 108 8th Street, Suite 219
Rifle, CO 81650 Glenwood Springs, CO 81611
7. Government Immunity. 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. 24-10-101, et seq., as from time to time amended or otherwise
available to the parties or any of their officers, agents, or employees.
8. 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
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.
9. Binding Rights and Obligations. The rights and obligations of the parties under this
Agreement shall be binding upon and shall inure to the benefit of the parties and their
respective successors and assigns.
10. Agreement made in Colorado.This Agreement 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. 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.
•
11. Early Termination: See Section 2 above.
12. Attorney's Fees: In the event that legal action is necessary to enforce any of the
provisions of this agreement, 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 of suit including reasonable attorney's fees.
The foregoing Agreement is approved by the Board of County Commissioners of Pitkin County,
Colorado at its regular meeting held on the /3r", day of de../1_ , 2016.
The foregoing Agreement was approve by the3oarJ '1 Cou (r�x+,�rssWohvrrs of at its regular
meeting held on the / day of N`5,vs f ,2016. £rheic( etiodi
3
....
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In Witness whereof, the parties hereto have caused this agreement to be executed as of the day
and year first above written.
Pitkin County Board of County Commissioners or Designee of Pitkin County
Byq6t4t4 £ P 1 Cittcyd 5/
[Title] CA-44 ip
IT:
IC
1011111
11 l ' 1 / I ,h BY:
Jean1e Jones,Deputy Cq i nty Clerk
i Rae,el E. Richards, Chair
APPIr OVED AS TO F•1‘ :
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4411P
.
John •, oun - *mu J e --.-e• ock, County Manager
I•rfield Cou y Board of County Commissioners or Designee of Garfield County
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By: L 4 -__.--; Il Alp.- ,.,'..":‘.. GARP/
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