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HomeMy WebLinkAbout2016-06 IGA with Eagle County for the Health4PlanRESOLUTION NO. 6 Series of 2016 A RESOLUTION APPROVING AN INTERGORVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND EAGLE COUNTY CREATING A PARTNERSHIP AS PART OF THE PLAN4HEALTH GRANT AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the American Planning Association ("APA") received an award from the Centers of Disease Control and Prevention as part of the National Dissemination and Implementation program within the Division of Community Health Funding Opportunity Announcement; WHEREAS, these funds have allowed the APA to bring support to local coalitions in efforts to reduce chronic disease in communities across the Unites States through the APA's PIan4Health project; WHEREAS, the Healthy Communities Coalition of Eagle County (the "Healthy Communities Coalition"), in conjunction with the Colorado Public Health Association and the Colorado Chapter of the APA (the "Colorado APA"), applied for funding under the PIan4Health Project; WHEREAS, the PIan4Health project will enable the Healthy Communities Coalition to further its mission to increase opportunities for healthy eating and active living (HEAL) for all in Eagle County by 1) enabling a policy scan of municipal comprehensive plans for components that support or deter HEAL, 2) supporting municipalities to pass resolutions prioritizing HEAL and 3) providing resources to municipalities to support community engagement; WHEREAS, the Town has determined that it is in the best interest of the Town and its inhabitants to contribute to the efforts of Eagle County and the Healthy Communities Coalition (the "Parties") in support of and implementation of the PIan4Health Project; and WHEREAS, the PIan4Health Grant Award allows for payment of an administrative fee to the Town in exchange for the Town's commitment to and participation in the PIan4Health Project; and WHEREAS, the Parties desire to enter into this Intergovernmental Agreement to define the manner in which the Town will participate in the PIan4Health Project. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Resolution No. 6, Series of 2016 Page 1 of 2 1. The Council hereby approves the Intergovernmental Agreement and authorizes the Town Manager to enter into the Intergovernmental Agreement on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. 2016. 2. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 1st day of March, ATTEST: Tow Jerk EAS, • Resolution No. 6, Series of 2016 Page 2 of 2 EXHIBIT A INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COUNTY OF EAGLE, COLORADO FOR PLAN4HEALTH PROJECT This Intergovernmental Agreement ("Agreement") by and between EAGLE COUNTY, a body politic and corporate of the State of Colorado ("County") and the TOWN OF VAIL, a Colorado municipal corporation ("Town") (collectively the "Parties") is effective this day of MARCH, 2016. WHEREAS §29-20-101 et seq., C.R.S. enables the Parties to enter into Intergovernmental Agreements and authorizes each of the Parties to perform the functions described herein, as provided in §29-20-105 C.R.S.; and WHEREAS, the American Planning Association ("APA"), in partnership with the American Public Health Association received an award from the Centers of Disease Control and Prevention (the "Sponsor") as part of the National Dissemination and Implementation program within the Division of Community Health, Funding Opportunity Announcement #DP14-1418. These funds have allowed the APA to bring support to local coalitions in efforts to reduce chronic disease in communities across the United States through the APA's Plan4Health project (the "Plan4Health Project"); and WHEREAS, the Healthy Communities Coalition of Eagle County (the "Healthy Communities Coalition"), in conjunction with the Colorado Public Health Association and the Colorado Chapter of the APA (the "Colorado APA"), applied for funding under the Plan4Health Project; and, WHEREAS, APA Colorado received an award of grant funds (the "Grant Award") from the APA pursuant to the Plan4Health Project Grant Agreement (the "Grant Agreement"); and, WHEREAS, Eagle County is the subgrantee of such Grant Award and is working collaboratively with the Healthy Communities Coalition to implement the Plan4Health Project in Eagle County; and WHEREAS, the Plan4Health project will enable the Healthy Communities Coalition to further its mission to increase opportunities for healthy eating and active living (HEAL) for all in Eagle County by 1) enabling a policy scan of municipal comprehensive plans for components that support or deter HEAL, 2) supporting municipalities to pass resolutions prioritizing HEAL and 3) providing resources to municipalities to support community engagement; and WHEREAS the Town has determined that it is in the best interest of the Town and its inhabitants to contribute to the efforts of Eagle County and the Health Communities Coalition in support of and implementation of Plan4Health Project; and WHEREAS the Plan4Health Grant Award allows for payment of an administrative fee to the Town in exchange for the Town's commitment to and participation in the Plan4Health Project; and WHEREAS, the Parties desire to enter into this Intergovernmental Agreement to define the manner in which the Town will participate in the Plan4Health Project. NOW THEREFORE, in consideration of the mutual rights and obligations as set forth below, the parties agree to the following: A. SCOPE OF PROJECT. I. The County will collaborate with the Town to conduct a policy scan of the Town's comprehensive plan to determine existing policies that support and/or prohibit healthy living in the context of the built environment. The policy scan will be facilitated by a subcontractor engaged with Plan4Health Grant Funds and managed by the County. The County will additionally collaborate with and support the Town in consideration and adoption of a resolution to prioritize goals relating to healthy living. The Town will also be encouraged to consider amendments, modifications and additions to existing local government health related policies to prioritize healthy living goals. 2. The Town agrees to work with County Representatives, as well as subcontractors engaged with Plan4Health Funds and managed by the County, to facilitate the Plan4Health Project. The Town's participation may entail attending occasional meetings, providing access to requested policy documents (e.g. comprehensive plan), and answering questions relating to those documents. Total staff time to be devoted by the Town to the Plan4Health Project is anticipated to be minimal. 3. The Town may participate in additional Project Strategies that may include: working with County and Plan4Health Grant Project subcontractors to develop a framework and system for community engagement, participating in learning opportunities about authentic community engagement, and receiving materials to support municipal community outreach efforts. B. TOWN COMMITMENTS. The Town has determined that it is in the best interest of the Town and its inhabitants to contribute to the efforts of Eagle County and the Healthy Communities Coalition in support of and implementation of Plan4Health Project. The Town is committed to participating in the Scope of Project outlined and to collaborate with and support Eagle County and the Healthy Communities Coalition in implementation of the Plan4Health Project. To the extent applicable, the Town shall be subject to the terms and conditions of the Plan4Health Grant Agreement between the APA and the Colorado APA. C. AUTHORIZED REPRESENTATIVES. The County designates Katie Haas, of the Eagle County Public Health and Environment and Kris Valdez, Eagle County Planner, as its Representatives for the Agreement. The County's Representatives are its liaison officers to the Town for all purposes in carrying out the Agreement. The Town designates Mark Hoblitzell, Environmental Sustainability Coordinator as its Representative for the Agreement. The Town's Representative is its liaison officer to the County for all purposes in carrying out the Agreement. 2 D. FUNDING. In exchange for the Town's commitment to and participation in the Plan4Health Project and the Scope of Project outlined above, the Town will receive funding from the Grant Award in an amount not to exceed $5,000.00 (the "Project Funds"). The Project Funds should be used in support of the Town's participation in this Agreement and the Plan4Health Project. Disbursement of the Project Funds will be made to the Town upon completion of the Project Strategy 1 policy scan, referenced in Section A above. Additional funds from the Grant Award may be disbursed to the Town for additional projects deemed necessary by the Plan4Health Project. In such case, the Town will submit an invoice and supporting documentation to the County identifying the additional tasks or projects performed. Disbursement of additional funds from the Grant Award will be made in accordance with the Plan4Health financial requirements and guidelines. The Town acknowledges that the County is not responsible for any payments which may become due to the Town under the Plan4Health Project or this Agreement. Plan4Health Funding is regulated under Code 45 of the Federal Regulations (CFR) Part 75, Uniform Administrative Requirements, Cost Principles and Audit Requirements for HHS Awards. As specified in this Code, Project Funds may not be used for lobbying purposes. E. PERSONNEL. Every Town officer and employee engaged in performing under this Agreement shall remain an officer or employee of the Town while performing the same. The relationship of the Town to Eagle County under this Agreement is that of independent political bodies. This Agreement does not change the status of any employee, contractor or officer of the Town or County. The Town shall have no authority to bind or commit the County to any agreement or other obligations. F. LIABILITY. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. G. INSURANCE. The County and the Town shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. The County and the Town, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as a co-insured under such insurance policies to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. The Parties further agree, without waiving any governmental immunity protection to which they and their officials and employees are entitled under CRS 24-10-101 et seq., to procure and maintain current valid workers compensation insurance coverage for all subject workers throughout the period of this Agreement. H. NO WAIVER OF GOVERNMENTAL IMMUNITY. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town or to the County and their respective officials, employees, contractors, or agents, or any other person acting on behalf of the Town or the County, and, in 3 particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. I. TERM. This Agreement will be effective as of the effective date stated above and subject to the provisions set forth herein, shall continue in full force and effect through the 30`h day of September 2016. J. TERMINATION. 1. Termination Due to Unavailability of Funding: The Town understands that the availability of Project Funds is contingent on appropriations made by the Sponsor. If at any time the Colorado APA determines that funds are insufficient to sustain existing or anticipated spending levels, the Town understands that the Colorado APA may reduce, suspend or terminate any reimbursement, other payments or allocations of funds provided by the Colorado APA for the Plan4Health Project. 2. Termination by Mutual Consent: This Agreement may be terminated in whole or in part when both Parties agree that continuation is not feasible or would not produce beneficial results commensurate with the further expenditure of the Project Funds. The parties must agree on the termination conditions, including effective date and the portion of the Agreement to be terminated. 3. Termination for Cause: In the event of a default or violation of the terms of this Agreement by the Town or its failure to use the Project Funds for only the purposes set in this Agreement, the County may take the following action: i. Suspension: After notice to the Town, suspend this Agreement and withhold any further disbursement or prohibit the Town from incurring additional obligations of Project Funds, pending corrective action by the Town. ii. Termination: Terminate this Agreement in whole or in part, at any time before the date of completion, whenever it is determined that the Town has failed to comply with the terms and conditions of this Agreement. The County shall promptly notify the Town in writing of the determination and the reasons for the termination together with the effective date. Disbursements made to the Town or recoveries by the County shall be in accordance with the legal rights and liabilities of the parties. Disbursements and recoveries may include, but are not limited to, payments allowed for costs determined to be not in compliance with the terms of this Agreement. The Town shall return to the County all unencumbered Project Funds. Further, any costs previously paid by the Plan4Health Project which are subsequently determined to be unallowable through audit and close-out procedures may be recovered pursuant to the closeout procedures set forth in the Grant Agreement or as designated by APA Colorado or Sponsor. iii. Recovery of Funds: In the event of default, failure to perform under this Agreement or violation of the terms of this Agreement, the Town understands that APA Colorado or the Sponsor may institute such action as necessary to reduce, withdraw or recover all or part of the Project Funds from the Town. 4 K. FINANCIAL RESPONSIBILITY OF TOWN. The Town assumes sole responsibility for reimbursement to the Colorado APA or the Sponsor of a sum of money equivalent to the amount of any expenditures disallowed should the Sponsor or an authorized agency rule through audit exception or some other appropriate means that expenditures from Grant Funds allocated to the Town for were not made in compliance with the regulations of the granting or funding agency or the provisions of this Agreement. L. NOTICES AND PAYMENTS. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, payments sent by mail should be address as follows: Town of Vail Town of Vail Attention: Mark Hoblitzell 75 S. Frontage Road W Vail, CO 81657 Telephone: 970-479-2333 E -Mail: MhoblitzellAvailgov.com With a copy to: Town of Vail Attention: Town Attorney 75 S. Frontage Road W Vail, CO 81657 Telephone: 970-479-2107 Facsimile: 970-479-2150 Eagle County Eagle County, Colorado Attention: Katie Haas 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8855 E -Mail: Katie.haas&ea leg county.us Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E -Mail: atty_(2ea le�nty.us M. MODIFICATION. This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. The Parties agree that any amendments to laws or regulations pursuant to which the Grant Award was made shall result in the correlative modification of this Agreement without the necessity for executing written amendments. Any written amendment shall be prospective in nature. N. NO THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub -consultant or sub -contractor of Town or County. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. O. VENUE, JURISDICTION AND APPLICABLE LAW. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. IN WITNESS WHEREOF, each party, by signature below of its authorized representative, herby acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms and conditions. Attest: Attest: Teak Simonton, Clerk to the Board Patty McKenny, Town Clerk 0 EAGLE COUNTY, by and through its Board of County Commissioners Jeanne McQueeney, Chair TOWN OF VAIL Stan Zemler, Town Manager