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HomeMy WebLinkAboutbocc.con.094.22 - BOCC Extension of Agreement Attached as Contract No. 201.2020 CONTRACT/► Contract No. 094-2022 (�1/"1V 1 ## C 3 - 6) l `6 RESOLUTION OF THE BOARI) OF COUNTY ( 4-44-6-t4`, ' COMMISSIONERS ("BOCC") OF PITKIN COUNTY, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARI) OF COUNTY COMMISSIONERS OF AND EAGLE COUNTY ("EAGLE") RESOLUTION NO. 4 '2 -2018 RECITALS: I. 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. 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. Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter ("FIRC") official action by !brutal resolution shall be required for all actions of the Board not requiring ordinance power on matters of significant importance affecting citizens. 3. Pitkin County ("Pitkin") and Eagle County ("Eagle") wish to enter into an intergovernmental agreement for the purposes of provision of tobacco coordination services and; 4. Both Pitkin and hafgle are gmernmcnts authorized to enter into agreements pursuant to C.R.S. 29-I-203 for purposes including the provision of any function. service, or facility lawfully authorized to each: and 5. The I3OCC. finds that it is in the best interests of the citizens of Pitkin and Eagle to enter into this agreement in order to ensure the health and welfare of the citizens of both counties. NOW. THEREI:ORI•:. BE IT RI'SC)LVFI) by the Board of County Commissioners of Pitkin County, Colorado that Pitkin County is authorized to enter into an Intergovernmental Agreement with Eagle 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. INTRODUCED AND FIRST READ ON THE DAY OF ,2018 AND ET FOR SECOND READING AND PUBLIC HEARING ON TM 1.0.__DAY OF . 2018. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESO UTION PUBLISHED� IN THE ASPEN TIMES WEEKLY ON THE So k DAY OF 1/ coI , 2018. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL ITKIN COUNTY WEBSITE(1\ LN.pitkincountv.coin ) ON THE .30 DAY OF 4 2018. ADOPTED FTER FINAL READING AND PUBLIC HEARING ON THE / A ' DAY OF 10,4r 2018. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE. ASPEN TIMES WEEKLY ON THE 0 "-• DAY OF ‘j f,/„ b,,r, 2018. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (wwu.pit:incountv.com ) ON THE fgt4 DAY OF . y11,,, „4r 2018. AT T: BOARD OF COUNTY COMMISSIONERS • Bti r By: ' � {T Jea tte Jones Patti Clapper, Chair De uty County Clerk` Date: D/ t 3 ; APPROVED AS TO FORM: MA • R • PPRO 200, / - / • John , mty Atto cock, nty,,,cManage icext 51 DocuSign Envelope ID:47565075-23B5-4AAD-B6E6-EE651590A76D CONTRACT # 3- aOE `' INTERGOVERNMENTAL AGREEMENT Between Eagle County and Pitkin County For Tobacco Coordination Services THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this 08i07/2018 . by and between the Pitkin County, Colorado, a body corporate and politic. whose address is 530 E. Main St. Ste.302,Aspen,CO 81611 ("Pitkin County") and Eagle County. Colorado,a body corporate and politic,whose address is 500 Broadway. Eagle, Colorado, 81631 (''Eagle County"). RECITALS 1. Whereas, this Agreement is entered into pursuant to. inter alia, C.R.S. § 29-1-201, el seq.. and Article XIV, Section 18 of the Colorado Constitution; and 2. Whereas. both Pitkin County and Eagle County work to promote the health, safety and welfare of their residents of all ages; and 3. Whereas. Pitkin County is the recipient of a regional grant through the Colorado Department of Public I lealth and Environment for tobacco cessation work. and desires to contract with Eagle County for the performance and coordination of tobacco cessation efforts in eastern Fade County as set forth herein; and 4. Whereas. Eagle County, through its Department of Public Health, has the time, skill and expertise to provide said tobacco coordination services to Pitkin C.'ounty as set forth herein; and 5. Whereas. this Agreement shall govern the relationship between Pitkin County and Eagle County in connection with the services described herein below. AGREEMENT NOW. TI IEREFORE, 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 acknowledued. the parties agree as follows: 1. Term and Extensions. This Agreement shall commence upon the date first written above and subject to Section 10 below, shall continue through the 30th day of June 2019. This Agreement may he extended for successive one-year terms upon mutual NVritten agreement of the parties. 2. Services. Eagle County agrees that it will provide tobacco coordination services on behalf of Pitkin County in compliance with all applicable laws. rules and regulations. and within required timelines. and as set forth on Exhibit A. attached hereto and incorporated herein by this reference (hereinafter the "Services"). It'no C18-229 52 DocuSign Envelope tD:47565075-23B5-4AAD-B6E6-EE651590A760 schedule is set forth in Exhibit A then Eagle County agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. Pitkin County's obligations and authority with regard to Services are also set forth on Exhibit A. In the event ola conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 3. Compensation. Pitkin County will compensate Eagle County for the performance of the Services in a sum computed and payable as set forth in Exhibit A. Compensation for the performance of the Services under this Agreement shall not exceed $23,060. Eagle County shall not he entitled to hill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by Pitkin County. a. Invoices and Payment. Eagle County will submit monthly invoices to Pitkin County. invoices shall include a description of Services performed. Eagle County agrees any additional detail or documentation in support of such invoices as Pitkin County may request. Pitkin County shall make payment for Services satisfactorily performed within thirty (30)days of receipt of a proper and accurate invoice.All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as Pitkin County may request. b. Documentation. Pitkin County and Eagle County agree to maintain back- up documentation in accordance with applicable state and federal guidelines for all billings. 4. Insurance. Each Party shall maintain insurance appropriate to protect against risks associated with the Services being performed during the course of this Agreement. 5. Ownership of Documents. All documents prepared by Eagle County in connection with the Services shall become property of Pitkin County. Eagle County shall execute written assignments to Pitkin County of all rights (including common law, statutory, and other rights, including copyrights) to the same as Pitkin County shall from time to time request. For purposes of this paragraph, the term "documents" shall mean and include all reports, plans,studies. tape or other electronic recordings, drawings, sketches. estimates. data sheets, maps and worksheets produced. or prepared by or for Eagle County (including any employee or subcontractor in connection with the performance of the Services and additional services under this Agreement). 6. Assignability. This agreement is not assignable by either party. 7. 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. 53 DocuSign Envelope ID:47565075-23B5-4AAD-86E6-EE651590A76D 8. Entire Agreement. 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. 9. Severability. Should any one or more sections or provisions of this Agreement he 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, 10. Termination Prior to Expiration of term. Any party has the right to terminate or withdraw from this Agreement, with or without cause, by giving written notice to the other party of such termination and specifying the effective date thereof. Such notice shall he given at least ten (10) days before the effective date of such termination. Termination of the Agreement relieves the cancelling or withdrawing Party of any further responsibility under this Agreement. Upon termination. Pitkin County shall pay Eagle County for Services satisfactorily performed to the date of termination. 11. Notice. Any notice required or permitted under this Agreement shall he in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods I) 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 he sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation ol'delivcry on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the mariner prescribed for personal service of a summons or other legal process. To: Pitkin County With copies to: Karen Koenerna.nn Pitkin County Attorneys Office 0405 Castle Creek Rd.. Suite 202 530 E. Main Street. Suite 301 Aspen, CO 81611 Aspen. CO 81611 Karen.Koenemann'a'pitkincountyr.cotn attorneyApitkincounty.com To: Eagle County With copies to: Rebecca Larson Eagle County Attorney 551 Broadway. P.O. Box 660 551 Broadway, P.O. Box 660 Eagle. CO 81631 Eagle. CO 81631 rehecca.larson( r'eaglecounty.us atty. ,eaglecounty.us PHarantscontractscteaglecountv.us 12. 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 54 DocuSign Envelope ID:47585075.2365-4AAD-B6E6-EE651590A760 time to time amended or otherwise available to the parties or any of their officers, agents, or employees. 13. 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 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 shalt 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 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. 15. Agreement made in Colorado. This Agreement shall he 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. 16. No 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. 17. 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. 18. Independent Government Status. The parties to this Agreement intend that the relationship between them is that of independent governmental agencies cooperating in accordance with C.R.S. § 29-1-203. Eagle County, and any agent. employee.or servant of Nagle County shalt not be deemed to be an employee, agent, or servant of Pitkin County. Pitkin County, and any agent, employee, or servant of Pitkin County shall not be deemed to be an employee, agent, or servant of Eagle County. The foregoing Agreement is approved by the Board of County Commissioners of Pitkin County,Colorado at its regular meeting held on the day of_ , 2018. 55 DocuSign Envelope ID:47565075.23135 4AAD-B6E6-EE651590A76D The tbregoing Agreement is approved by the Board of County Commissioners of Eagle County at its regular meeting held on August 7, 2018. In Witness whereof. the parties hereto have caused this agreement to be executed as of the day and year first above written. r i�UCal l ©r / 11`4(I"{ NAME OFOTHER CiUVERNti4I:'VTAI.ACt}:\'C'1'; �i4 d aeOraWb Gc.tta tARreab4 !15 / /� / n ( i cia rd me eel/ G U As�/5W;t ao yG. 2 Gi B tie' eia „,,r L�Ut�-ir Titles BOARD OF COUNTY COMMISSIONERS APPROVE-;I)AS TO FORM OF PITKIN COUNTY, COLORADO By:_,._ 3 ��its Ce- i? '‘- E3_}�i' Patti Clapper. Chair ounty Atic>rrte NIanagcr A a I: By: �� acoc . Dung Manueel- ,...------77,447.-----40 f,.., 7,,, ,.iitra COUNTY OF EAGLE. STATE OF COI.ORAI)O. By and Through Its BOARD OF COUNTY COMMISSIONERS e OocuSignad by. Byi• c Ae ��OB�r Katn>. Chand�i�er-Flenry. Chair Attest: OocuSigned by: By: � t"� 0-'�ntta, _ - Regln (` freft', Clerk to the Board 56 DocuSrgn Envelope ID:47565075-23B5-4AAD-B6E6-EE651590A76D EXHIBIT A Tobacco Coordination Services Duties and Responsibilities: An Eagle County employee shall provide the following Services to Pitkin County: I. The Eagle County employee shall provide technical assistance, education and support to tobacco cessation and policy work in the Eagle River Valley. 2. The Eagle County employee shall participate in the tobacco-focused community assessment and implement selected strategies in the Eagle River Valley . 3. The Eagle County employee shall work collaboratively with the Pitkin County Health Promotion Program Administrator and support the successful implementation of the West Mountain Tobacco Program. Accountability: The Eagle County employee will report to Eagle County's Public Health Deputy Director, or designee. The Eagle County employee or their supervisor will participate in monthly telephone calls with Pitkin County. or more frequently as reasonably needed or requested by Pitkin County. The telephone calls will be scheduled with Pitkin County's Health Promotion Program Administrator, or designee, to provide updates and to discuss accomplishments. challenges and barriers. Accommodations: Eagle County will provide its employee with a laptop, office space. and telephone. Eagle County will provide the Pitkin County Health Promotion Program Administrator with office space at the El Jebel location during the term of this Agreement. Compensation: Eagle County will send a monthly invoice to Pitkin County in the amount of$1,921.66 together with the detail identified in paragraph 3 of the Agreement. The total compensation under this Agreement shall not exceed S23,060, for the term ending June 30, 2019. Invoices are to be emailed to Pitkin County Public Health. 57 DocuSign Envelope ID:CC6E7CE4-EFC3-4A59-BEA3-9A71 D833879F Contract No. 201.20 41C OU Date: June 25, 2020 Eagle County Government 500 Broadway Eagle, Colorado 81631 VIA DocuSign or VIA E-Mail (if one or the other is applicable) ATTENTION: Eagle County Board of County Commissioners RE: Resolution No. 062-2018 Approving an Intergovernmental Agreement(Pitkin County BOCC Agreement No. 283-2018 Eagle County BOCC Agreement No. C 18-229)between Pitkin County and Eagle County To Whom It May Concern: Terms and Extensions of the above referenced agreement dated August 7, 2018 states that the agreement may be extended for successive one-year terms upon mutual written agreement of the Parties ("Agreement", 1. Term and Extensions, in the agreement). Pitkin County has elected to renew the agreement for a one(1)year term beginning an July 1, 2020 thru June 30, 2021. In all other respects, the Intergovernmental Agreement is in full force and effect and remains unchanged by this extension. If the renewal of this agreement is agreeable,please sign this letter in the space provided below and return it to Pitkin County Public Health,Attention Diana Andrews, 0405 Castle Creek Road, Suite 204, Aspen, Colorado 81611. DocuSign Envelope ID:CC6E7CE4-EFC3-4A59-BEA3-9A71D833879F COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its Board of County Commissioners DocuSigned by: By: Att S r Date: 10/26/2020 K 14et-Henry, Chair ATTEST: �DocuSignedby: y 0 1Q.,r Reginn93%)iitt-Clerk to the Board COUNTY OF PITKIN, STATE OF COLORADO p—DocuSigned by: By: 54e4,u•F. .1( Date: 10/8/2020 '—D2838 A 4 8.. Steven i-'.iiiid, Chair ATTEST: ,—DocuSigned by: at aln,t,{{t, jblALS Jean`ettabilleg6DP3eputy County Clerk APPROVED AS TO FORM: p—DocuSigned by: Johnn ly,county Attorney DocuSign Envelope ID: D5D74C01-E60E-4F1E-A0D8-31E7E426F047 BoardDocs®Plus Contract No. 094-2022 EAGLE COUNTY Agenda Item Details Meeting Jan 01, 2050 - *****Signature Workflow***** Category A. BoCC Signature Subject Extension of Intergovernmental Agreement Between Pitkin County and Eagle County for Tobacco Control Work Access Public Type Action (Consent) Preferred Date Jan 25, 2022 Absolute Date Jan 25, 2022 Fiscal Impact Yes Dollar Amount 23,060.00 Budgeted Yes Budget Source 1200-561-4362 Recommended Action Approve Public Content Prepared By: Mandy Ivanov Department: Public Health & Environment Executive Summary: The Colorado Department of Public Health and Environment allocates funding for tobacco prevention and control work in each county. For several years, Eagle, Pitkin, and Garfield Counties have pooled their allocations in order to support adequate staff and capacity for conducting tobacco control activities across our tri-county region. Currently, Pitkin County is the lead agency receiving the funding for the region, and Eagle county receives a portion of the pooled funds to continue tobacco control efforts within the Eagle River Valley to best serve our communities. Reviewing Attorney: Matt Peterson DocuSigned by: APPROVED AS tl, 1L • BoCC signature?: Yes TO FORM: _ A23 F ��lu��In A2360D123414FE... �'IDocuuSigned,bly.: '� A /CA J it V�C�I' o '-444EFF6D9F7F48E._ Administrative Content • Vendor Authorized Signer Information- • Business Name: Pitkin County Board of County Commissioners o Signer Name: Jeanette Jones, John Ely, Phylis Mattice o Signer Email Address: jeanette.jones@pitkincounty.com, john.ely@pitkincounty.com, phylis.mattice@pitkincounty.com o Signer Phone: 970-452-9023 https://go.boarddocs.com/co/eagleco/Board.nsf/Private?open&login 1/2 DocuSign Envelope ID: D5D74C01-E60E-4F1E-A0D8-31E7E426F047 fTKIN CoUNTS Date: January 24,2022 Eagle County Government 500 Broadway Eagle,Colorado 81631 VIA E-Mail ATTENTION: Andrew Owen,Eagle County Attorney's Office RE: Resolution No. 062-2018 -Approving an Intergovernmental Agreement between the Board of County Commissioners of Pitkin County and the Board of County Commissioners of Eagle County Pitkin County Agreement No. 283-2018 -Eagle County BOCC Agreement No. C18-229 To Whom it May Concern: Terms and Extensions of the above referenced agreement dated August 7,2018 states that the agreement may be extended for successive one-year terms upon mutual written agreement of the Parties ("Agreement", 1,Term and Extensions). Pitkin County has elected to renew the agreement for an additional one-year term beginning on June 29, 2021 thru June 30,2022. The Parties have been acting in compliance with the agreement since June 29, 2021 such that this agreement is not a late extension and the Parties conduct has already legally extended this agreement. This extension runs until June 30,2022 and will likely be extended again. In all other respects,the Intergovernmental Agreement is in full force and effect and remains unchanged by this extension. If the renewal of this agreement is agreeable,please sign this letter in the space provided below: COUNTY OF PITKIN, STATE OF COLORADO p—DocuSigned by: PIu1tiS tRi , By. "-742B99EEIF9G41 ... Phylis Mattice,Xssistant County Manager A)TFCc'u' igned by: j ALt t,i 1 t, jav ,S UCJ 1HtltbU4 Jeanette 'ones,Deputy County Clerk DocuSign Envelope ID: D5D74C01-E60E-4F1E-A0D8-31E7E426F047 APPROVED AS TO FORM: DocuSigned by: 5uhti EIY 7rD02cDD5D1045r... John Ely, County Attorney COUNTY OF EAGLE, STATE OF COLORADO r DocuSigned by: 17 «was 2/8/2022 y: Date: "-CA4AC128F8AA47A.. Jeanne McQueeney, Chair ATTEST: �.DoocuSigned by: 4-F900D02F240890440... Regina O'Brien, Clerk to the Board