HomeMy WebLinkAboutC24-362 MOU Pitkin CountyMEMORANDUM OF UNDERSTANDING BETWEEN PITKIN COUNTY, COLORADO AND EAGLE COUNTY COLORADO FOR PROVISION OF WOMEN, INFANT, AND CHILDREN SERVICES This Memorandum of Understanding (“MOU”) is entered into as of ______________ by and between Pitkin County, Colorado (“Pitkin County”) and Eagle County, Colorado (“Eagle County”), jointly referred to as the “Parties.” BACKGROUND AND PURPOSE: A. Women, Infants, and Children (“WIC”) is a federally-funded nutrition program that provides nutrition education, healthful foods and health referrals to eligible pregnant, breastfeeding and postpartum women and infants and children up to age five (“WIC Services”). B. Pitkin County Public Health (“PCPH”) does not provide WIC Services; the Eagle County WIC program is the closest WIC program available to Pitkin County residents C. Since 2017, Eagle County Public Health and Environment (“ECPHE”) has provided WIC Services to WIC -eligible Pitkin County residents, free of charge. D. This MOU serves to formalize the relationship between Pitkin County and Eagle County regarding provision of WIC Services, outline said WIC Services, and give estimates to the number of residents in Pitkin County served by Eagle County through its the WIC program. ROLES AND RESPONSIBILITIES: A. ECPHE will continue to provide WIC Services, free of charge, to an estimated 50 Pitkin County residents a year. This number continues to grow and live, de-identified data is available upon request. B. Pitkin County residents who are eligible for WIC can access the Eagle County WIC program at no charge and at no different availability than Eagle County residents. Services may be accessed by calling 970-471-2839 or filling out a WIC referral form. C. ECPHE will provide WIC Services one day per month from the Community Health Services building in Aspen, located at 405 Castle Creek Rd #201. ECPHE will Docusign Envelope ID: B261ACE4-7BB3-424F-85BA-19A1AD576E93 8/22/2024 provide weekly WIC Services out of the Eagle County Public Health and Environment offices in El Jebel, located at 0020 Eagle County Drive, Suite E. D. ECPHE will report to the state WIC office consistent with its regular reporting practices. Reporting can be provided to PCPH upon request. TERM, AMENDMENT, AND TERMINATION: A. This MOU shall become effective upon signature by the authorized officials from each County and will remain in effect for one year, unless modified or terminated by either of the Parties by mutual consent. Thereafter, the MOU will automatically renew for successive one- year periods B. This MOU may be modified by mutual consent of authorized officials from each County. Any changes, modifications, revisions, or amendments to this MOU shall be incorporated by written instrument, executed and signed by the Parties. C. This MOU may be terminated prior to the expiration date by either Party upon 30- days’ written notice. NOTICE: Any notice required or permitted under this MOU shall be in writing and shall be hand- delivered or sent by registered or certified regular mail, postage pre-paid and via e-mail (electronic delivery) to the mailing and e-mail addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To: Pitkin County Public Health With copies to: Jordana Sabella Pitkin County Attorney’s Office 0405 Castle Creek Rd, Ste 202 530 E. Main St., Suite 301 Aspen, CO 81611 Aspen, CO 81611 jordana.sabella@pitkincounty.com attorney@pitkincounty.com To: Eagle County Public Health With copies to: Joan Dieter Eagle County Attorney’s PO Box 660 500 Broadway Docusign Envelope ID: B261ACE4-7BB3-424F-85BA-19A1AD576E93 Eagle, CO 81631 P.O. Box 850 Eagle, CO 81631 joan.dieter@eaglecounty.us atty@eaglecounty.us AUTHORIZATION AND EXECUTION: The signing of this MOU does not constitute a formal undertaking, and as such it simply intends that the signatories shall strive to reach, to the best of their abilities, the purpose stated in this MOU. All signatories hereto have the appropriate delegation of authority to execute this MOU. GOVERNMENTAL IMMUNITY: The Parties agree and understand that both Parties are relying on, and do not waive or intend to waive by any provisions of this MOU, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24- 10-101, et seq., as from time to time amended or otherwise available to the Parties or any of their affiliated entities, successors or assigns, its elected officials, agents, employees and volunteers. FUNDING, CURRENT YEAR OBLIGATIONS: A. ECPHE will apply for WIC funding as needed with the understanding that all applications and contracts will acknowledge ECPHE as the sole contract holder for both Eagle County and Pitkin County WIC clients. All funding for WIC Services, including for WIC- eligible Pitkin County residents, will be provided directly to ECPHE. B. The Parties acknowledge and agree that any financial obligation of the Parties’ beyond the current fiscal year is subject to funds being budgeted and appropriated. Notwithstanding anything to the contrary contained in this MOU, no payment shall be made after December 31 of any year without prior approval of a budget adopted in accordance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes and Local Government Budget Law (C.R.S. 29-1-101, et seq.) No provision of this MOU shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of either or both Parties within the meaning of any constitutional or statutory debt limitation. This MOU shall not be construed to pledge or create a lien on any class or source of either Parties’ bonds or any obligations payable from any class or source of each individual Party’s money. Docusign Envelope ID: B261ACE4-7BB3-424F-85BA-19A1AD576E93 In Witness whereof, the Parties hereto have caused this agreement to be executed as of the day and year first above written. COUNTY OF PITKIN, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jon Peacock, County Manager jon.peacock@pitkincounty.com 970-920-5067 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager jeff.shroll@eaglecounty.us 970-328-8607 Docusign Envelope ID: B261ACE4-7BB3-424F-85BA-19A1AD576E93