HomeMy WebLinkAboutresolution.council.022-22 RESOLUTION #022
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ASPEN, PITKIN COUNTY, THE TOWN OF
BASALT, THE TOWN OF SNOWMASS VILLAGE, AND ASPEN VALLEY
HOSPITAL, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID INTERGOVERNMENTAL AGREEMENT ON BEHALF OF THE CITY
OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an
Intergovernmental Agreement for the provision of detoxification and withdrawal
management programs, between the City of Aspen and Pitkin County, Aspen
Valley Hospital, the Town of Snowmass Village and the Town of Basalt, a true
and accurate copy of which is attached hereto as Exhibit "A".
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 that
Intergovernmental Agreement for the provision of detoxification and withdrawal
management programs, between the City of Aspen, Pitkin County, the Town of
Basalt, the Town of Snowmass Village, and Aspen Valley Hospital, a copy of
which is annexed hereto and incorporated herein and does hereby authorize the
City Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 22°d day of February 2022.
Torre, Mayor
I, Nicole Henning, 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 February 22, 2022.
'I Wk- q - -
Nicole Henning, City Cl rk
INTERGOVERNMENTAL AGREEMENT BETWEEN THE PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ASPEN ("COA"),
ASPEN VALLEY HOSPITAL ("AVH"),TOWN OF SNOWMASS VILLAGE
("TOSV")AND TOWN OF BASALT ("BASALT")
TO PROVIDE DETOXIFICATION AND WITHDRAWL MANAGEMENT IN
PITKIN COUNTY
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made
this 7th day of March 2022 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"), City of Aspen
("COA"), Town of Basalt ("Basalt") and Town of Snowmass Village ("TOSV"),
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, Participating Members entered into the original Intergovernmental Agreement
(IGA)for collective funding of detoxification and case management services in 2014.At that
time the IGA identified Colorado West Regional Mental Health Center as the provider.
In 2016 participating agencies conducted a Requests for Proposals (RFP) and chose to
begin contracting with Recovery Resources, LLC, as the Detoxification services Vendor, in
January 2017. Moving forward the IGA will simply refer to "Vendor" in order to
accommodate any change in vendor due to future RFP awards;
WHEREAS, Participating Members reached an agreement on a funding model in 2014
to ensure fair and equitable distribution of responsibility for future financial support
of detoxification and case management services;
WHEREAS, Participating Members desire to update the original 2014
Intergovernmental Agreement to reflect the 2022 funding formula, a new percentage based
funding formula for 2023 and beyond, and to generalize the Vendor so that any future
changes to the Vendor do not necessitate an update to this IGA.
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 peace,health and safety.
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 detoxification and withdrawal management facility
services.
a. Fiscal Agent-Pitkin County agrees to be the fiscal agent providing
payment to the Vendor in the amount of$592,677 in 2022 for
detoxification and withdrawal management at the Detox Facility per the
contract approved in the County's 2022 budget(See Exhibit A-Pitkin
County Detoxification Contract and Scope of Work). Once invoiced by
Pitkin County in Quarter one, Participating Members agree to pay in full.
2. Funding Allocation—The Participating Members agree to provide funding in
return for substance use detoxification and withdrawal management services
located at the Health and Human Services building—0405 Castle Creek Road,
Aspen, CO. By August 15 of each year,the County will present the next fiscal
year budget for detoxification and withdrawal management services. For 2022,
the share for each entity will be as follows:
a. In-Kind Contributions
i. Pursuant to an annual lease agreement with the Vendor, Pitkin
County shall provide,at no cost, space in the Schultz Health and
Human Services Building for an on-site, 4 bed, detoxification and
withdrawal management services. The value of this space is
recognized as $16,350.
b. Cash Funding for 2022
i. Aspen Valley Hospital agrees to pay$177,803 or 30%of the total
net cost for the provision of detoxification and withdrawal
management services.
ii. City of Aspen agrees to pay$183,608,based on a 3%increase
from the 2021 formula of population, liquor licenses and utilization
(previous year's statistics)of the detox.
iii. Town of Snowmass Village agrees to pay$58,406, based on a 3%
increase from the 2021 formula of population, liquor licenses and
utilization(previous year's statistics) of the detox.
iv. Town of Basalt agrees to pay$17,877,based on a 3% increase
from the 2021 formula of population, liquor licenses and utilization
(previous year's statistics)of the detox.
v. Pitkin County agrees to pay$154,983 based on a 3% increase from
the 2021 formula of population, liquor licenses and utilization
(previous year's statistics)of the detox.
c. Cash Funding for 2023 and future years
County will provide the next fiscal year's (2023 and beyond)budget and
cost distribution to funding partners by August 15 to secure a commitment
for the next year budget using a new percentage cost share formula(based
on previous years amounts from the population, utilization and liquor
license) as follows:
i. Aspen Valley Hospital—30%
ii. City of Aspen—27%
iii. Pitkin County—25%
iv. Town of Snowmass Village—9%
v. Town of Basalt—9%
3. Quality Assurance Participating members are committed to working together to
ensure that relevant performance measures are utilized for the purpose of ongoing
evaluation of services.
a. Pitkin County Human Services will be responsible for contract compliance
with the Vendor.
b. The Participating Members agree to assign staff as representatives
participate in quarterly meetings with the Vendor to review performance,
utilization and process/protocol/communication improvements.
c. The Participating Members agree to attend once a year budget meetings to
review annual utilization,proposed budget, financial expenditures and
budget compliance.
4. Terms and Extensions—This agreement shall commence upon the date first
written above and shall continue each year through written email consent as
determined by Participating Members
5. Assignability. This agreement is not assignable by any party hereto.
6. Modification. This Agreement may be changed or modified only in writing by
an agreement approved by the respective Boards or Councils of the Governments
and signed by authorized officers of each party.
7. 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.
8. Severability. Should anyone 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.
9. 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.
6. 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. 301
Aspen, CO 81611 Aspen, CO 81611
Jon.peacock@apitkincounty.com attorney(c�pitkincount
To: City of Aspen With Copies to:
Sara Ott, City Manager City of Aspen Attorney
130 South Galena St 130 South Galena Street
Aspen CO 81611 Aspen, CO 81611
Sara.ottncityofasnen.com attorneyncityofaspen.com
To: Aspen Valley Hospital With Copies To:
Dave Ressler Aspen Valley Hospital Attorney
0401 Castle Creek Road 0401 Castle Creek Road
Aspen, CO 81611 Aspen, CO 81611
dressier a,aspenhospital.org generalcounsel(@aspenhospital.org
To: Town of Snowmass Village With Copies To:
Clint Kinney, Town Manager Town of Snowmass Village Attorney
130 Kearns Road 130 Kearns Road
Snowmass Village, CO 81615 Snowmass Village, CO 81615
ckinneyna,tosv.com idresser a,tosv.com
To: Town of Basalt With Copies To:
Ryan Mahoney,Town Manager Town of Basalt Attorney
101 Midland 101 Midland
Basalt, CO 81621 Basalt, CO 81621
Ryan.mahoneyna,basalt.net .ijc@mountainlawfirm.com
7. Government Immunity. The parties agree and understand that all 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.
8. 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 any of
the 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 any of the parties' bonds or any obligations payable from any class or
source of each individual party's money.
9. Binding Rights and Obligations. 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.
10. 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.
11.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.
12. 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.
13. Authority. 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.
The foregoing Agreement is approved by the Board of County Commissioners of Pitkin
County,Colorado at its regular meeting held on the 9th day of February,2022.
The foregoing Agreement is approved by Aspen Valley Hospital at its regular
meeting held on the 13 day of December, 2021.
The foregoing Agreement is approved City of Aspen at its regular meeting held on the
22 day of February ,2022.
The f going A ment is a wed Town nowmass age at its lar m ng
/" h on the day of ,20'
Nw
v� The foregoing Agreement is approved by Town of Basalt at its regular meeting held on
the 22 day of February ,2022.
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. PAV , I�t,SS�t,N
Dave Ressler CEO
CITY OF ASPEN
By.
Sara utt City Manager
TOWN OF S WMASS ILLAGE
BCiin nney
Town Manager
TOWN OF BASALT
By:
Ryan Ma oney Town Manager
BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM
OF PITKIN COUNTY, COLORADO
By: PA ( AMZ By:
Patti Clapper, Chair John Ely, County Attorney
Manager Approval:
By: PUs AtAu,
Phylis Nfattice for Jon Peacock, County Manager