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HomeMy WebLinkAboutresolution.council.023-23RESOLUTION # 023 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, PITKIN COUNTY, ASPEN VALLEY HOSPITAL, AND TOWN OF SNOWMASS VILLAGE FOR WINTER OVER NIGHT SHELTER AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an intergovernmental agreement for the Winter Overnight Shelter between the City of Aspen, Pitkin County, Aspen Valley Hospital, and Town of Snowmass, 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 Emergency Winter Overnight Shelter between the City of Aspen, Pitkin County, Aspen Valley Hospital, and Town of Snowmass, 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 14th day of February 2023. TUE— Torre, 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 1�2023. Nicole Henning, City Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ASPEN ("COA"), ASPEN VALLEY HOSPITAL ("AVH"), AND TOWN OF SNOWMASS VILLAGE ("TOSV") TO SUPPORT THE EMERGENCY WINTER OVERNIGHT SHELTER AT THE SCHULTZ HEALTH AND HUMAN SERVICES BUILDING THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this 16th day of March . 2023 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"), 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; and WHEREAS, pursuant to Ordinance No. 019-2022 approved on March 27, 2022, the Board of County Commissioners approved a lease agreement with Recovery Resources (`the Vendor") to provide overnight residential shelter services in the colder winter months; and WHEREAS, representatives from the City of Aspen, Aspen Valley Hospital and Town of Snowmass Village ("Participating Members") met on September 15, 2022, to discuss a concept ("the Program") on how to support for the critical services of overnight shelter for individuals who are homeless in Pitkin County; and WHEREAS, the Program is directly connected and coordinated through the Vendor and Participating Members desire to enter into an Intergovernmental Agreement and provide funding to the Vendor for shelter services; and 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 the Program through the Vendor; and a. Fiscal Agent- Pitkin County agrees to be the fiscal agent providing payment to the Vendor in the amount of $135,530, in 2023 for the Program as per the contract approved in the County's 2023 budget (See Exhibit A — Contract with Recovery Resources 2. Funding Allocation — The Participating Members agree to provide funding in return for services providing through the Center as follows: a. In -Kind Contributions i. Pursuant to an annual lease agreement with the Vendor, Pitkin County shall provide, an in -kind contribution in the amount of $47,220 for 1, 574 square feet of space in the Schultz Health and Human Services Building. b. Cash Funding for 2023 i. Aspen Valley Hospital agrees to pay $30,000 ii. City of Aspen agrees to pay $25,000 iii. Town of Snowmass Village agrees to pay $20,000 iv. Pitkin County agrees to pay $60,530 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 Director, Lindsay Maisch, will be responsible for contract compliance with the Vendor. b. The Participating Members agree to assign staff as representatives to 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 consent as determined by the 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 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. 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 Jon Peacock, County Manager 530 East Main Street, Ste 302 Aspen, CO 81611 Jon. peacock@pitkincounty.com To: City of Aspen Sara Ott, City Manager 130 South Galena St Aspen CO 81611 Sara.ott@citvofaspen.com To: Aspen Valley Hospital Dave Ressler 0401 Castle Creek Road Aspen, CO 81611 dressler@aspenhosoital.org With copies to: Pitkin County Attorney's Office 530 East Main Street, Ste. 301 Aspen, CO 81611 attorn ey@p i tk i nco u nt y. com With Copies to: City of Aspen Attorney 130 South Galena Street Aspen, CO 81611 attorney(a) ci ofas en.com With Copies To: Aspen Valley Hospital Attorney 0401 Castle Creek Road Aspen, CO 81611 oneralcounsel@aspenhosl2ital.org To: Town of Snowmass Village With Copies To: Clint Kinney, Town Manager 130 Kearns Road Snowmass Village, CO 81615 ckinney@tosv.com Town of Snowmass Village Attorney 130 Kearns Road Snowmass Village, CO 81615 Ldresser@tosv.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. 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 1 Ith day of January, 2023. The foregoing Agreement is approved by Aspen Valley Hospital at its regular meeting held on the 13th day of February 202 3 The foregoing Agreement is approved City of Aspen at its regular meeting held on the 14th day of February 2023 . The foregoing Agreement is approved Town of Snowmass Village at its regular meeting held on the 6th day of February 2023 . 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: Paw— ksstt r ©aye Ress er (Title) CEO CITY OF ASPEN By: Sara Ott -C'.010 [Title] City manager TOWN OF SNOWMASS VILLAGE By: (fi4n. OV, k, 6" Clinton M. Ki(Mye) Town Manager BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: I✓ rAyy , it. )auky Francie Jacober, Chair Manager Approval: By: PUS of Phylis Mattice for Jon Peacock, County Manager APPROVED AS TO FORM Lo 1*. el John Ely, County Attorney