Loading...
HomeMy WebLinkAboutresolution.council.137-22ATTACHMENT A RESOLUTION NO. 137 SERIES OF 2022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN UPDATED INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, ASPEN VALLEY HOSPITAL, ASPEN SCHOOL DIS I KICI, I OWN OF SNOWMASS VILLAGE 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 updated intergovernmental agreement for mental health and substance use services, a draft 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 updated intergovernmental agreement between the City of Aspen, Aspen Valley Hospital, Aspen School District, Town of Snowmass Village and Pitkin County for mental health and substance use services, a draft copy of which document is annexed hereto, and does hereby authorize the City Manager of the City of Aspen to execute a final agreement on behalf of the City of Aspen, in substantially the same form as attached hereto, subject to final approval by the City Manager and City Attorney. RESOLVED, APPROVED, AND ADOPTED this 6th day of December 2022, by the City Council for the City of Aspen, Colorado. 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 December 6, 2022. c Nicole Henning, City Clerk INTERGOVERNMENTAL AGREEMENT FOR THE PURCHASE OF VITAL MENTAL HEALTH SERVICES PROVIDED BY SELECTED VENDOR THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this 7th day of December , 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"), Aspen School District ("ASD"), Aspen Valley Hospital ("AVH"), City of Aspen ("COA"), 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, Mental health disorders and substance misuse ("Mental Health") symptoms have a prominent presence in the Pitkin County community and have been exacerbated by the COVID-19 pandemic. Taken together, the results from the 2017 Regional Community Health Assessment and the 2021 Community Mental Health Assessment show that community members continue to experience a multitude of mental health challenges. While there are many resources along the continuum of care (prevention, intervention, treatment, aftercare) available in the community, there are numerous barriers to utilizing mental health services, including a dearth of providers, long waiting lists, navigating and understanding the mental health system, language barriers, lack of coordinated care, and affordability of care. WHEREAS, Funding agencies 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, originally Pitkin County, Aspen School District, Aspen Valley Hospital, City of Aspen, with the addition of Town of Snowmass Village in 2022 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 2023 to support Mental Health Services for specified community mental health, system coordination, integrated behavioral health care and school based services. WHEREAS, Participating Members have agreed to enter the contract with the current Vendor, with use of individual funding levels identified under "Agreement" Heading of page 4, Section 3 "Funding Allocation", Subsection B "Cash Funding". 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. Effective 12-07-2022 except as expressly provided herein, this Agreement 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 use prevention, intervention, crisis stabilization, treatment and case management programs. 2. Effective 12-07-2022 .Pitkin County will be the fiscal agent providing payment to vendors selected in RFP process in the amount of $655,810 in 2023 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 2023 budget. 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, the selected vendor 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. Participating Members will decide funding allocation each October for use during the next fiscal year. Use of funds will be established using majority vote, with representation from each funding organization. The share for each entity will be determined as follows: . In -Kind Contributions: i. Aspen School District shall provide, at no cost, space on the school campus for 3 youth and family clinicians serving the In - School Therapy program. The value of this space is recognized as $60,000 per year. b. Cash Funding: i. Aspen Valley Hospital agrees to pay $73,275 for the provision of Vital Mental Health services provided by the Vendor, as well as the personnel approved to administer the Mental Health Access Program. ii. Aspen School District agrees to pay $90,000 for the provision of Vital Mental Health services provided by the Vendor, as well as the personnel approved to administer the Mental Health Access Program. iii. City of Aspen agrees to pay $107,550 for the provision of Vital Mental Health services provided by the Vendor, as well as the personnel approved to administer the Mental Health Access Program. iv. Pitkin County agrees to pay $304,985 for the provision of Vital Mental Health services provided by the Vendor, as well as the personnel approved to administer the Mental Health Access Program. v. Town of Snowmass Village agrees to pay $80,000 for the provision of Vital Mental Health services provided by the Vendor, as well as the personnel approved to administer the Mental Health Access Program. c. Use of Excess Funds: i. Savings from prior year's contract is to be held in an assigned fund balance. Decision making for use of funds, which may include direct use of the funds or return of the funds, will be established by common consensus of all Participating Members annually. 4. 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 Steering Committee agrees to meet quarterly to review performance measures, financial expenditure and budget compliance. c. Participating Members agree to assign staff to participate in operational groups with the Vendor. d. Participating Members agree to support this effort by participating in data gathering efforts to understand service delivery and outcomes. Participating Members agree to advocate for, and hold the Vendor accountable in meeting equity expectations as outlined in the Scope of Work. 5. Term and Extensions. This Agreement shall commence upon the date first written above, and shall continue for two years from that date. This Agreement may be renewed with the written consent of all Participating Members annually by December 31 st. 6. Assl nabilitx 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. 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 Jon Peacock, County Manager 530 East Main Street, Ste. 302 Aspen, CO 81611 ion. peacock itkincounty.com To: Aspen Valley Hospital Dave Ressler, CEO 0401 Castle Creek Road Aspen, CO 81611 dressier a asvenhospital.a�g To: City of Aspen Sara Ott, City Manager 130 South Galena Street Aspen, CO 81611 sara.ott rr aspen.gov To: Aspen School District David Baugh, Superintendent 235 High School Road Aspen, CO 81611 dbau 7h as enk 12.net To: Town of Snowmass Village Clint Kinney, Town Manager 130 Kearns Road P.O. BOX 5010 Snowmass Village, CO 81615 eki nneyL tosy.co m With copies to: Pitkin County Attorney's Office 530 East Main Street, Ste. 301 Aspen, CO 81611 attorney e n itk i ncounty.com With copies to: Aspen Valley. Hospital Attorney 0401 Castle Creek Road Aspen, CO 81611 general cou��sel ,as enhos ital.or� With copies to: City of Aspen Attorney 130 South Galena Street Aspen, CO 81611 attorney@aspen.gov With copies to: Aspen School District Attorney 235 High School Road Aspen, CO 81611 attorney .aspenk 12. net With copies to: John Dresser, Town Attorney 130 Kearns Road P.O. BOX 5010 Snowmass Village, CO 81615 'dresser a7tosv.com 12. Government hiimunit . 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 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. 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. 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 2nd day of November, 2022 The foregoing Agreement is approved by Aspen School District at its regular meeting held on the 14th day of December , 2022 The foregoing Agreement is alproved by Aspen Valley Hospital at its regular meeting held on the 14th day of Naven'ber , 2022 foregoing Agreement is approved by City of Aspen at its regular meeting held on the day of December , 2022. The foregoing Agreement is approved by Town of Snowmass Village at its regular meeting held on the 21 day of NDvember , 2022 In Witness whereof, the parties hereto have caused this agreement to be executed as of the day and year first above written. ASPEN SCHOOL DISTRICT By: Varna 64 David Baugh, Superintendent ASPEN VALLEY HOSPITAL By: P"), Amur Dave Ressler, Chief Executive Officer CITY OF ASPEN By: G. 4,67( Sara Ott, City Manager TOWN OF SNOWMASS VILLAGE By; (J hKfow k' 6 Clint Kinney, Town Manager BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: FA am7w Patti Clapper, Chair Manager Approval: P4s Ma{y' Phylis Mattice for Jon Peacock, County Manager Form Revised 01-01-2022 APPROVED AS TO FORM By: yeti►,,, IRI John Ely, County Attorney ATTEST Julia Ely, Deputy County Clerk