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HomeMy WebLinkAboutC14-034 Pitkin County Intergovernmental Agreement A INTERGOVERNMENTAL AGREEMENT BETWEEN COUNTY OF EAGLE, STATE OF COLORADO AND COUNTY OF PITKIN, STATE OF COLORADO FOR CSU EXTENSION HORTICULTURE/SMALL ACREAGE MANAGEMENT SERVICES THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this }� day of 1 iltk(/rt/i , 2014 by and between the COUNTY OF EAGLE, STATE OF COLORADO, by and through its Board of County Commissioners, whose address is 500 Broadway, Eagle, Colorado 81631 (the "Eagle") and COUNTY OF PITKIN, STATE OF COLORADO, by and through its Board of County Commissioners, whose address is 530 East Main Street,Aspen, Colorado, 81611 ("Pitkin")(collectively the "Parties"). RECITALS WHEREAS, this Agreement is entered into pursuant to, inter alia, C.R.S. §§ 29-1-201, et seq., and Article XIV, Section 18 of the Colorado Constitution; and WHEREAS, Pitkin wishes to secure a provider of certain Colorado State University ("CSU") Extension, horticulture/small acreage management services to citizens in Pitkin County. CSU Extension services include leadership, organization, implementation and direction on the development of educational programs and resources in horticulture and small acreage management programs such as: dissemination of relevant research findings in agriculture & natural sciences, small acreage management, entomology, food policy, and local food growing in response to local needs(collectively,the"CSU Extension Program Services" or the"Services"); and WHEREAS, Eagle entered into a Memorandum of Understanding with CSU Extension dated December 9, 2008 (the "CSU MOU"),whereby CSU Extension provides CSU Extension Program Services to citizens of Eagle County and Eagle provides, among other things, use of office space and reimbursement of salary and benefits for the CSU Extension employee who provides the CSU Extension Program Services to Eagle (the"CSU Extension Agent"); and WHEREAS, Eagle is agreeable to contracting the services of its CSU Extension Agent to Pitkin County so that CSU Extension Program Services can be provided to citizens of Pitkin County in compliance with the rules and regulations governing CSU Extension and upon the terms and conditions of this Intergovernmental Agreement; and WHEREAS, it is in the best interest of both Pitkin and Eagle to enter into this Agreement. 1 irt AGREEMENT NOW, THEREFORE, for and in consideration of the mutual promises and agreements of the parties and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. Eagle's CSU Extension Obligations and Authority. Eagle agrees that the CSU Extension Agent will provide and administer the CSU Extension Program Services in Pitkin County, in compliance with all applicable laws, rules and regulations, and as provided in this Paragraph 1. Among other things, Eagle will: A. Facilitate provision by the CSU Extension Agent of CSU Extension Program Services which are developed in response to the needs of Pitkin County governing bodies, advisory committees and citizens residing in Pitkin County; B. Provide leadership and assistance with the administration of the Extension Programs provided by the CSU Extension Agent; and C. Facilitate access to qualified state and regional specialists that are available to assist and advise in the conduct of county extension educational programs. 2. Pitkin's Obligations and Authority: Pitkin will reimburse Eagle as provided in Paragraph 3, below, and will cooperate with Eagle to facilitate the provision of CSU Extension Program Services to the citizens of Pitkin County. Pitkin will: A. Provide an office space at its Aspen location for client consultations, said office to be equipped with a computer and printer hookup to allow internet access. Use of the office and internet connection shall be provided without charge; and B. Provide access to a copier, phone and fax machine without charge. 3. Reimbursement from Pitkin to Eagle: Pitkin will reimburse Eagle on a quarterly basis for the CSU Extension Program Services provided by the Eagle CSU Extension Agent for Pitkin residents, for a total reimbursement of$15,273.00, as outlined in the estimated budget set forth below. The estimated budget is based on the actual expenses incurred in providing CSU Extension Program Services to Pitkin's citizens pursuant to this Agreement. Eagle shall send invoices to Pitkin on a quarterly basis.Pitkin shall pay each invoice within thirty(30) days of its receipt. Along with the quarterly invoices, Eagle will additionally provide Pitkin with the following output data: (a)the number of Pitkin County contacts made during the previous quarter; and(b) impact data from the CSU Extension reporting system. 4. Annual Budget. An annual estimated budget will be prepared by Eagle in July of each year to form a basis for financial projections by Eagle and Pitkin, with the understanding that these figures may change along with changes in regulatory requirements or caseload. The estimated budget will also contain the funding obligations of CSU Extension. 2 The estimated annual budget for 2014 is as follows: ESTIMATED 2014 BUDGET CSU Eagle County Pitkin County Salary + Fringe @ 24% $47,716.00 minus Formula Funding to $66,936.00 (depending on qualifications and experience) Formula Funding ($12,700.00) $10,160.00 $2,540.00 General Budget Expenses $ 750.00 $ 6,400.00 $1,600.00 Eagle County Office Expenses $ 17,332.00 $4,333.00 Add'I Travel to Pitkin County $5,480.00 Printing/Marketing $ 600.00 Food Supplies $ 600.00 Meeting Supplies $ 120.00 Totals $48,716.00 $33,892.00 $15,273.00 5 Meetings. Eagle and Pitkin will meet as necessary to discuss ways to remedy any persistent challenges or barriers to Pitkin County residents' access to public assistance. 6. Termination of Agreement. Either party may terminate this Agreement with or without cause upon 90 days prior written notice to the other party. Should either party default in the performance of its obligations under this Agreement, the non-defaulting party may terminate this Agreement upon 30 days prior written notice to the defaulting party. 7. Independent Contractor Status. The parties enter into this Agreement as separate, independent governmental entities and officials and shall maintain such status throughout. The parties to this Agreement intend that the relationship between them is that of an independent contractor. No officer, agent, contractor or employee of Eagle shall be, or shall be deemed to be, the agent, contractor or employee of Pitkin. Eagle shall be solely and entirely responsible for the means and methods to carry out the Services under this Agreement. The CSU Extension Agent is an independent contractor of Eagle and shall be considered and shall remain an employee of CSU Extension at all times and for all purposes under this Agreement. 8. Non-Assignable. This agreement is not assignable by either party. 9. Integrated Agreement. This Agreement may be changed or modified only in writing by an agreement approved by the respective Boards of the parties and signed by authorized officers of 3 r � promises and agreements relating to the subject of this Agreement, whether oral or written, are merged herein. 10. Severability. Should any one or more sections or provisions of this Agreement be judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or invalidate the remaining provisions of this Agreement, the intention being that the various sections and provisions hereof are severable. 11. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be hand-delivered or sent by registered or certified regular mail, postage pre-paid to the addresses of the parties as follows. Each party by notice sent pursuant to this paragraph may change the address to which future notices should be sent. Notice to Eagle: Rita Woods Eagle County Health and Human Services 551 Broadway P.O. Box 660 Eagle, Colorado 81631-660 With copy to: Eagle County Attorney 500 Broadway,P.O. Box 850 Eagle, Colorado 81631 Notice to Pitkin County: Jon Peacock 0405 Castle Creek Road, suite 7 Aspen, Colorado 81611 With copy to: Pitkin County Attorney 530 E. Main St., Suite 302 Aspen, CO 81611 Notice to CSU Extension C.J. Mucklow, Western Regional Director 2764 Compass Drive, Suite 232 Grand Junction, CO 81506-8746 With a copy to: Judith Barth,Director of Operations CSU Extension 4040 Campus Delivery Fort Collins, CO 80523-4040 12. 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- 4 10-101, et seq., as from time to time amended or otherwise available to the parties or any of their officers, agents, or employees. 13. Currently Budgeted Expenditures. The Parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall refer only to currently budgeted expenditures of the Parties. The Parties' obligations under this Agreement are subject to each individual Party's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provision of this Agreement shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of either or both Parties within the meaning of any constitutional or statutory debt limitation. This Agreement shall not be construed to pledge or create a lien on any class or source of either Parties' bonds or any obligations payable from any class or source of each individual Party's money. 14. Binding Effect. The rights and obligations of the Parties under this Agreement shall be binding upon and shall inure to the benefit of the parties. 15. Choice of Law and Venue. This Agreement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Courts of either Pitkin or Eagle County, Colorado. Each Party to this Agreement shall have standing to bring an action to enforce the terms of this Agreement in District Court, including an action for specific performance and injunctive relief 16. Method for Resolving Disputes and Service. In the event of a dispute between the Parties concerning performance of either Party's obligations under this Agreement, the dispute shall first be referred to each Party's respective Director of Human Services. In the event that these individuals are unable to reach agreement regarding the dispute, they shall refer it to the respective County Managers of each Party. Should the County Managers fail to resolve the dispute,this Agreement may be terminated pursuant to Section 6. 17. Duration. This Agreement shall remain in effect for a period of one (1)year unless earlier terminated pursuant to the provisions of Section 6. 18. Pitkin Approval. The foregoing Agreement is approved by the Bord of County Co°cnmissioners of Pitkin County, Colorado at its regular meeting held on the day of C GvUc)c ►. -. , 2014. 19. Eagle Approval. The foregoing Agreement is approved by the Board of County Commissioners of Eagle County, Colorado at its regular meeting held on the day of , 2014. 5 . - IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM OF PITKIN COUNTY, COLORADO died •- Robert A. Ittner, Jr., Chairman /—S-a 0,`f John Ely, Cou ttorney BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM OF EAGLE CO Y, COLORA P By: I.../ By: k .1 MA-VI Sara J`"Sher, Chairman Beth Oliver, ounty Attorney ATT llip • II...� 44117 s Teak J. Simonton, o' erk to the 00 Eagle Board of County Commissioners fr 6