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HomeMy WebLinkAboutresolution.council.034-19 Attachment"A" RESOLUTION NO 034 SERIES OF 2019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, ASPEN VALLEY HOSPITAL, ASPEN SCHOOL DISTRICT, AND PITKIN COUNTY, COLORADO FOR MENTAL HEALTH AND SUBSTANCE USE SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an intergovernmental agreement for mental health and substance use services, a copy of which document is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves an intergovernmental agreement between the City of Aspen, Aspen Valley Hospital, Aspen School District, and Pitkin County for mental health and substance use services, a copy of which document is annexed hereto, and does hereby authorize the City Manager of the City of Aspen to execute said document on behalf of the City of Aspen. RESOLVED, APPROVED, AND ADOPTED this Z5_th day of March 2019, by the City Council for the City of Aspen, Colorado. S ven Skadron, Mayor I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held March Zr"�, 2019. Linda Manning, Ci y Clerk Attachment`B" The foregoing Agreement was approved by the Board of County Commissioners of Pitkin County, Colorado at its regular meeting held on the day of 12019. The foregoing Agreement was approved by Aspen Valley Hospital at its regular meeting held on the day of . 2019. The foregoing Agreement was approved by the Aspen School District at its regular meeting held on the day of 92019. The foregoing Agreem t as approved by the City of Aspen at its regular meeting held on the�day of , 2019. In Witness whereof,the parties hereto have caused this agreement to be executed as of the day and year first above written. ASPEN VALLEY HOSPITAL By: [Title] ASPEN SCHOOL DISTRICT �y CITY F ASPEN By: [Title] BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM OF PITKIN COUNTY, COLORADO By: Greg Poschman, Chair John Ely, County Attorney Manager Approval: By: Jon Peacock, County Manager Attachment`B" To: Aspen School District With copies to: John Maloy, Superintendent Aspen School District Attorney 235 High School Road 235 High School Road Aspen, CO 81611 Aspen, CO 81611 jmaloy@aspenkl2.net attomey@aspenkl2.net 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 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 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 Rights and ObRizations. 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 be 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. Attorney Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the substantially prevailing party,whether by final judgment or out of court settlement, shall recover from the other party all costs and expenses of such action or suit including reasonable attorney fees. 17.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. 18.Authorily.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. Attachment`B" 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 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. 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 Parties of such termination and specifying the effective date thereof. Such notice shall be 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 except for specifically identified obligations of a continuing nature based upon past performance under the Agreement. 11.Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1)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 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 With copies to: Jon Peacock, County Manager Pitkin County Attorney's Office 530 East Main Street, Ste. 302 530 East Main Street, Ste. 30 Aspen, CO 81611 Aspen, CO 81611 Jon.peacock@pitkincounty.com attorney@pitkincounty.com To: Aspen Valley Hospital With copies to: Dave Ressler, Chief Executive Officer Aspen Valley Hospital Attorney 0401 Castle Creek Road 0401 Castle Creek Road Aspen, CO 81611 Aspen, CO 81611 DRessler@aspenhospital.org attorney@aspenhospital.org To: City of Aspen With copies to: Sara Ott, Interim City Manager City of Aspen Attorney 130 South Galena Street 130 South Galena Street Aspen, CO 81611 Aspen, CO 81611 sara.ott@cityofaspen.com attorney@cityofaspen.com Attachment"B" b. Cash Funding: i. Aspen Valley Hospital agrees to pay $73,275 of the provision of collaborative and integrated mental health and substance use prevention, intervention, crisis stabilization, treatment and case management programs provided by the Vendor. ii. Aspen School District agrees to pay $40,000 for the provision of a school based youth and family clinician provided by the Vendor. iii. City of Aspen agrees to pay $70,550 for the provision of collaborative and integrated mental health and substance use,prevention, intervention, crisis stabilization, treatment and case management programs provided by the Vendor. iv. Pitkin County agrees to pay $304,507 for the provision of collaborative and integrated mental health and substance use prevention, intervention, crisis stabilization,treatment and case management programs provided by the Vendor. 4. Quality Assurance. Participating Members are committed to working together to ensure that relevant performance measures are utilized for the purpose of on-going evaluation of services in accordance with the developed 2019 Key Performance Indicators. a. Pitkin County Public Health will be responsible for contract compliance with the Vendor. b. The Steering Committee agrees to meet bi-annually to review performance measures, financial expenditure and budget compliance. c. Participating Members agree to assign staff to participate in formal quarterly operational groups(protocols, issues, needs, communication, debriefs, etc.)with the Vendor. d. Participating Members agree to commit staff to participate in rapid case debrief outside of the quarterly operations groups. e. Participating Members agree to support by gathering key performance indicators necessary from the perspective of each member's operations. 5. Term and Extensions. This Agreement shall commence upon the date first written above;and shall continue through the 30th day of December 2019. This Agreement may be extended for successive one-year terms upon mutual written agreement of the parties 10 days prior to the expiration date. 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. Attachment`B" WHEREAS, Participating Members have agreed to renew the same contract with the current Vendor, at the same funding levels from each organization. WHEREAS, Participating Members do hereby collectively determine and declare that this Intergovernmental Agreement is necessary, proper and convenient for the continued fostering and preservation of the public health, safety and wellbeing. AGREEMENT NOW, THEREFORE, 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 acknowledged, the parties agree as follows: 1. Effect of IGA. Except as expressly provided herein,this IGA shall replace and supersede all prior agreements of any kind between all or any of the Participating Members and any or all other Participating members hereto, to the extent and for the limited purpose as such other agreements may be related to the provision of funding collaborative and integrated mental health and substance abuse prevention, intervention, crisis stabilization,treatment and case management programs. 2. Fiscal Agent. Pitkin County agrees to be the fiscal agent providing payment to Mind Springs Health (and Mountain Family Health Centers) in the amount of$488,000 in 2019 for collaborative and integrated mental health and substance use prevention, intervention, crisis stabilization, treatment, and case management programs per the contract and approved in the County's 2019 budget(See Exhibit A-Mental Health Services 2019 Scope of Work). Once invoiced by Pitkin County in Quarter one, Participating Members agree to pay in full. 3. Funding Allocation. The Participating Members agree to provide funding in return for collaborative and integrated mental health and substance use prevention, intervention, crisis stabilization, treatment and case management programs as follows. By October each year Mind Springs Health(and Mountain Family Health Centers) will provide the County with a budget to fund collaborative and integrated mental health and substance use prevention, intervention, crisis stabilization, treatment, and case management programs for the next fiscal year. The share for each entity will be determined as follows: a. In-Kind Contributions: i. Pursuant to an annual lease agreement with Mind Springs Health, Pitkin County shall provide, at no cost, space in the Schultz Health and Human Services Building to Mind Springs Health for collaborative and integrated mental health and substance use prevention, intervention, crisis stabilization, treatment and case management programs. The value of this space is recognized as $59,766 per year. ii. Aspen School District shall provide, at no cost, space in the Aspen Middle School for Mind Springs Health a youth and family clinician. The value of this space is recognized as $45,000 per year. Attachment`B" INTERGOVERNMENTAL AGREEMENT TO PROVIDE FUNDING FOR MENTAL HEALTH SERVICES AND SUBSTANCE ABUSE PROVIDED BY MIND SPRINGS HEALTH AND MOUNTAIN FAMILY HEALTH SERVICES THIS INTERGOVERNMENTAL AGREEMENT(the"Agreement') is made this day of , 2019 by and between the Board of County Commissioners of Pitkin County, Colorado,whose address is 530 East Main Street, Suite 302 Aspen, Colorado 81611 ("the County")and Aspen Valley Hospital ("AVH'), Aspen School District("ASD"), and the City of Aspen. ("COA"), and hereinafter severally referred to by name or collectively as the "Participating Members". 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. WHEREAS, Mental Health and Substance Use ("Mental Health")were again identified in the 2017 Regional Community Health Assessment as the top health priority to address for those who live, work, and play in Pitkin County. High rates of suicide, mixed messages surrounding the promotion of a"party town",high rates of depression and anxiety, sleep disturbances, financial pressures, lack of psychiatric care,lack of specialized support for marginalized populations and the high cost of treatment, as well as other issues have inspired a number of different non-profit and private providers to step up and respond. Although there are many assets within the community along the continuum of care (prevention, intervention,treatment, aftercare), gaps still remain in the continuum, and some of our most vulnerable, fall through the cracks. WHEREAS, Funding stakeholders of Pitkin County engaged in a focused strategic planning process in 2017 with the purpose of rapidly improving access to Mental Health programs and services by changing the way funding is allocated to programs. These Funders (Pitkin County, Aspen School District,Aspen Valley Hospital—"Participating Members") have committed to using funding strategically to strengthen the system of care and improve service delivery. WHEREAS, Participating Members agreed to collectively pool their funding in 2018 to support a Mental Health Services proposal submitted by Mind Springs Health and Mountain Family Health Services("Vendor")for specified community mental health, crisis stabilization, integrated behavioral health care and school based services. WHEREAS, in 2018, Participating Members participated in quarterly Steering Committees with the Vendor. The Vendor convened funder organization staff monthly to participate in both a medical/law enforcement operations group, and a school-based operations group. Key Performance Metrics were designed and reported on during Steering Committee meetings.