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Home My WebLink AboutC13-206 Garfield County IGA tobacco educationINTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY, COLORADO And GARFIELD COUNTY, COLORADO This Intergovernmental Agreement ( "Agreement ") effective as of July 1, 2013 regardless of the date signed, is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners ( "Eagle County "), and Garfield County, Colorado, a body corporate and politic, by and through its Board of Public Health, with a mailing address of 195 West 10 Street, Rifle, CO 81650 ( "Garfield County "). WHEREAS, Eagle County has entered into a grant agreement and approved task order contract with the State of Colorado concerning tobacco cessation, reduction of tobacco use and prevalence among youth and exposure to secondhand smoke (hereinafter the "Tobacco Grant Agreement "); and WHEREAS, Eagle County and Garfield County desire to enter into an intergovernmental agreement to coordinate services and deliverables required under a Tobacco Grant Agreement; and WHEREAS, this Agreement is entered into pursuant to C.R.S. §§ 29 -1 -201, et seq., to encourage governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with each other; and WHEREAS, Eagle County and Garfield County intend by this Agreement to set forth the scope of the responsibilities of the parties in connection with the services and related terms and conditions to govern the relationship between Eagle County and Garfield County. WHEREAS, the parties agree that in their performance under this Agreement that each will comply with the requirements of the Tobacco Grant Agreement. Agreement NOW THEREFORE, based upon foregoing recitals, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: Services: 1.1 Eagle County through its Public Health Department will be responsible for administration of the Tobacco Grant Agreement and will complete those tasks to be performed by "ECPH" in the Statement of Work to the Tobacco Grant Agreement which is attached hereto and incorporated herein as Exhibit A. 12 Garfield County will provide an FTE to assist with education of healthcare partners as identified in Tobacco Grant Agreement Statement of Work and will also provide support and technical assistance to tobacco program coordinators, education of local elected officials and assistance with data collection and analysis all as set forth in Exhibit A (hereinafter collectively "Services "). The Services will be performed within the time allocated for each task in Exhibit A. 1.3 Neither Eagle County nor Garfield County will knowingly enter into any agreements or contracts with third parties that will conflict in any manner with their obligations undera �� this Agreement. 2. Term of Agreement: 2.1 This Agreement shall commence on the date first set forth above and, subject to the provisions of Section 2.2 hereof, shall continue in full force and effect until June 30, 2014, or until the Agreement is otherwise terminated in accordance with Section 2.2 herein. 2.2 This Agreement may be terminated by either party for any reason with fifteen (15) days written notice, with or without cause, and without penalty whatsoever therefore. 2.3 In the event of any termination of this Agreement, Garfield County shall be compensated for all incurred costs and hours of work then completed, plus approved expenses. 3. Independent Contractor: 3.1 Each County acknowledges that it is acting independently and nothing in this Agreement shall be deemed to make either party or its employees an agent, employee, partner or representative of the other. 3.2 Neither party will have the authority to, and will not make any commitments or enter into any agreement with any party on behalf of the other without the written consent of its Board of County Commissioners. 3.3 Each party shall maintain its self insurance program during the term of this Agreement. Nothing herein shall be deemed to be a waiver of governmental immunity by either party. 4. Compensation: 4.1 Eagle County shall pay to Garfield County compensation for the performance of the Services as follows: Garfield County will submit monthly invoices reflecting its hourly rate of $50 per hour and identifying the Contracting Services performed by the fifth working day of the following month. The total amount of compensation due Garfield County under this Agreement shall not exceed four thousand nine hundred fifty Mars ($4,950). Staff dedicated to work on this project include: Public Health Director, public health nurse, and public health educator. All Services shall be performed and paid for by June 30, 2014 as required by the Tobacco Grant Agreement. Garfield County will not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized to do so by Eagle County. Fees will be paid within thirty (30) days of receipt of a proper and accurate invoice from Garfield County. The invoice shall include a description of services performed. Upon request, Garfield County shall provide Eagle County with such other supporting information as Eagle County may request. 4.2 Eagle County will not be responsible for any additional services unless the same are included in an amendment to this Agreement that is executed in advance of the performance of the additional services by both parties. 4.3 Eagle County will not withhold any taxes from monies paid to Garfield County hereunder and Garfield County agrees to be solely responsible for the accurate reporting and payment of taxes, if any related to payments made pursuant to the terms of this Agreement. 4.4 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to either Eagle County or Garfield County nor shall any payment be made to Eagle County or Garfield County in excess of the amount for any work done without the written approval in accordance with a budget adopted by the applicable Board of County Commissioners in accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that Garfield County and Eagle County are governmental entities and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. 5. Ownership of Documents: All documents (including electronic files) which are obtained during or prepared, either partially or wholly, in the performance of the Services are or shall become the property of the State of Colorado or Eagle County as set forth in the Tobacco Grant Agreement and are to be delivered to Eagle County or the State of Colorado before final payment is made to Garfield County or upon earlier termination of this Agreement. 6. Indemnification: 6.1 Intentionally Omitted. 7. Professional Level of Care and Representations: 7.1 Each party shall be responsible for the completeness and accuracy of its obligations under this Agreement, including all supporting data and other documents prepared or compiled during its performance, and shall correct, at its sole expense, all significant errors and omissions therein. Garfield County shall perform Services in a skillful, professional and competent manner. Eagle County shall administer the Tobacco Grant Agreement in a skillful, professional and competent manner. 7.2 Each party represents and warrants that it shall at all times during the term of this Agreement comply with the terms and conditions imposed by the State of Colorado under the Tobacco Grant Agreement. 8. No Assignment: Neither party shall assign its rights or obligations under this Agreement to a third party without the prior written consent of the other. 9. Notices: 9.1 Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, facsimile or U.S. Mail to the other party at the following addresses: (a) Jennifer Ludwig Eagle County Public Health Director 551 Broadway PO Box 660 Eagle, CO 81631 Telephone: 970 - 328 -8819 Facsimile: 855- 848 -8829 with a copy to: Eagle County Attorney's Office 500 Broadway PO Box 850 Eagle, CO 81631 (b) Yvonne Long Public Health Director Garfield County Public Health 195 West 14' Street Rifle, CO 81650 Telephone: 970 - 625 -5200 Facsimile: 970 - 625 -4804 9.2 Notices shall be deemed given on the date of delivery; on the date the facsimile is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depository of the U.S. Postal Service. 10. Colorado Law: 10.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado. 11. Miscellaneous: 11.1 This Agreement constitutes the entire Agreement between the parties related to its subject matter. It supersedes all prior proposals, agreements and understandings. 112 This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. [rest of page intentionally left blank] IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER y: Keith 14ontag, County-Manager GARFIELFh COLORAPublic He ', STATE OF Through Its Board of EXHIBIT A c vo _ cam M e? 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