HomeMy WebLinkAboutresolution.council.137-14 RESOLUTION #137
(Series of 2014)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ASPEN AND PITKIN COUNTY, TOWN OF
SNOWMASS VILLAGE, TOWN OF BASALT, AND ASPEN VALLEY
HOSPITAL REFERRED TO AS COLLECTIVELY AS THE "PARTICIPATING
MEMBERS" AUTHORIZING THE CITY MANAGER-TO EXECUTE SAID
CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an
intergovernmental agreement for the financial support of the Colorado West
Regional Mental Health Center dba Mind Springs Health Detox Center, between
the City of Aspen and Pitkin County, Town of Snowmass Village, Town of Basalt,
and Aspen Valley Hospital, 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 Contract
for the financial support of the Colorado West Regional Mental Health Center dba
Mind Springs Health Detox Center, between the City of Aspen and Pitkin County,
Town of Snowmass Village, Town of Basalt, 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 Ci of Aspen.
INTRODUCED, READ AND ADOPTED'by the it Cou cil of e City of
Aspen on the 24`x' day of November 2014.
vevem cadr � or
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, Nov
\tuber 24, 2014.
cl
Linda Manning, Cit Clerk
(ATTACHMENT A)
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INTERGOVERNMENTAL AGREEMENT FOR FINANCIAL SUPPORT OF
THE COLORADO WEST REGIONAL MENTAL HEALTH CENTER DBA
MIND SPRINGS HEALTH DETOX CENTER OPERATED IN PITKIN
COUNTY
This Intergovernmental Agreement ("IGA") For The Financial Support Of The
Colorado West Regional Mental Health Center dba Mind Springs Health Detox
Center operated in Pitkin County is hereby made and entered into this day of_
2014, by and between Pitkin County, the City of Aspen, Town of
Snowmass Village, Town of Basalt, and Aspen Valley Hospital, and hereinafter
severally referred to by name or collectively as the "Participating Members,"
WITNESSETH:
WHEREAS, on October 18`h, 2012 Colorado West Regional Mental Health Center
closed its detoxification program operating out of the Garfield County Jail; and
WHEREAS, on that same day (October 18` , 2012), Aspen's The Right Door'
announced it would close its doors by January, 2013, and would no longer provide drug
and alcohol case management services to the community or criminal justice system; and
WHEREAS, Participating Members have historically supported both the detoxification
services offered by Colorado West Regional Mental Health Center and the drug and
alcohol case management services offered by the Right Door as ways to protect the
health, safety and welfare of their residents; and
WHEREAS, the Participating Members desire to have a sustainable continuum of
services from detoxification through drug and alcohol case management; and
WHEREAS, Pitkin County and Colorado West Regional Mental Health Center DBA
Mind Springs Health Detox Center have entered into a contract to provide
detoxification services and drug and alcohol case management programs; and
WHEREAS, the Participating members reached an agreement on an initial funding
model for 2013, based on historic funding contributions, to provide detoxification and
drug and alcohol case management programs; and
WHEREAS, the Participating members have agreed to refine the funding model for
2014 to ensure a fair and equitable distribution of responsibility for future financial
support of detoxification and drug and alcohol case management programs; and
WHEREAS, pursuant to the provisions of Section 29-1-201, et seq., Colorado Revised
Statutes, as amended and Article XIV of the Constitution of the State of Colorado, each
of the Participating Members is legally authorized to cooperate and contract with the
others for the purpose of providing, on an intergovernmental basis, any function,
service or facility authorized to it, including without limit the sharing of costs and
incurring of debt, and further including authority to provide for the joint exercise of
such function, service or facility; and
WHEREAS, the 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.
NOW, THEREFORE, in consideration of the premises and of the respective
covenants and undertakings of the parties, as herein set forth, IT IS AGREED UPON as
follows:
ARTICLE I—TERM AND EFFECT
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 detoxification and drug and alcohol case management services.
2. Term. The initial term of this IGA shall commence on 2014 and will
be in effect until any one of the parties terminates the agreement per paragraph
of Article
ARTICLE II—Fiscal Agent Agreement
1. Pitkin County agrees to be the fiscal agent providing payment to CWRMHC dba
Mind Springs Health Detox Center in the amount of$238,100 in 2014 for
detoxification and drug and alcohol case management services per the contract and
approved in the County's 2014 budget.
2. The Participating members agree to provide funding in return for detoxification and
drug and alcohol case management services as follows. By October each year
CWRMHC dba Mind Springs Health Detox Center will provide the County with a
budget to fund detoxification and drug and alcohol case management services for
the next fiscal year. The percentage share for each entity will be determined as
follows:
a. In Kind Contributions:
i. .Pitkin County shall provide, at no cost, space in the Shultz Health
and Human Services Building to CWRMHC dba Mind Springs
Health Detox Center for detoxification and drug and alcohol
treatment services.
ii. Aspen Valley Hospital agrees to provide, at no cost, laundry
services.
b. Cash Funding for detoxification and drug treatment services: Any
changes to the total amount for detox or the formula in subsequent
fiscal year contributions will be approved by the managers of
Participating Members and will replace Exhibit A.
i. In 2014, Aspen Valley Hospital agrees to pay 30% of the
detoxification and drug and alcohol case management services
provided by CWRMHC dba Mind Springs Health Detox Center. .
ii. In 2014, Pitkin County, the City of Aspen, Snowmass Village and
the Town of Basalt agree to pay 70% of detoxification and drug and
alcohol case management services provided by CWRMHC dba Mind
Springs Health Detox Center. The formula for division of the 70%
will be agreed upon by the Managers of the Participating Members.
The 2014 formula can be seen in Exhibit A.
iii. Pitkin County will pay CWRMHC dba Mind Springs Health Detox
Center one half of the total twice a year (March and October) and
will invoice
ARTICLE VI —GENERAL PROVISIONS
1. Waiver. The failure of any party to exercise any of its rights under this IGA shall
not be deemed to be a waiver of any rights provided for under this IGA.
2. Appropriation of funds.
a. Notwithstanding anything herein to the contrary, the obligations of each
individual Participating Member under this IGA shall be, where appropriate,
subject to the annual appropriation by that Participating Member's governing
body, of funds sufficient to meet those obligations provided herein. In the
event that sufficient funds are not so appropriated by any Participating
Member, this Agreement may be terminated by either said Participating
Member or the County as to said Participating Member.
b. Nevertheless, no Participating Member shall be permitted to terminate or
withdraw from this IGA prior to the end of a fiscal or calendar year due to such
non-appropriation of funds, and in no circumstances shall any portion of any
type of contribution of the Participating Member failing to so appropriate
sufficient funds be returned or pro-rated due to such non- appropriation.
c. No obligation provided in this IGA is intended to, or shall be interpreted to,
constitute a multiple year direct or indirect debt or other financial obligation
whatsoever within the meaning of the Constitution or laws of the State of
Colorado.
3. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be hand-delivered or sent by registered or certified regular mail, postage
pre-paid to the addresses of the parties as follows. Each party by notice sent
pursuant to this paragraph may change the address to which future notices,
requests, consents, approvals written instructions reports or other communications
should be sent. If given in person, notice shall be deemed given when actually
given. If given by certified mail, notice shall be deemed given at the time
indicated on the duly completed return receipt. If delivered electronically notice
shall be deemed given at the time the message was sent according to the metadata
in the electronic communication.
Notification and Contact Information
Notice to Pitkin: Jon Peacock
Pitkin County Manager
530 East Main Street
Aspen, CO 81611
970-920-5067
With copy to: Pitkin County Attorney
530 East Main Street
Aspen, CO 81611
970-920-5190
Notice to City of Aspen: Steve Barwick
City Manager
130 South Galena Street
Aspen, CO 81611
970-920-5212
With copy to: City of Aspen Attorney
130 South Galena Street
Aspen, CO 81611
970-920-5212
Notice to Town of Basalt: Mike Scanlon
Town Manager
101 Midland Avenue
Basalt, CO 81621
970-927-4701
With copy to: Town of Basalt Attorney
101 Midland Avenue
Basalt, CO, 81621
970-927-4701
I
Notice to Town of Snowmass Village Gary Suitor
Town Manager
P.O. Box 5010
130 Kearns Road
Snowmass Village, CO 81615
970-923-3777
With copy to: Town of Snowmass Village Attorney
P.O. Box 5010
130 Kearns Road
Snowmass Village, CO 81615
970-923-3777
Notice to Aspen Valley Hospital Dan Bonk
Chief Executive Officer
0401 Castle Creek Road
Aspen, CO 81611
970-925-1120
With copy to: Aspen Valley Hospital Attorney
0401 Castle Creek Road
Aspen, CO 81611
970-925-1120
4. No Benefit to Inure to Third Parties. This IGA does not, and shall not be
deemed to, confer upon or grant to any third party any right to claim damages or to
bring any lawsuit, action or other proceedings against any Participating Member
because of any breach hereof, or because of any terms, covenants, agreements or
conditions contained herein.
5. Modifications. No modification or waiver of this IGA, or modification of any
covenant, condition, or provision herein contained, shall be made unless duly
executed by a three quarters (75%) majority of the Participating Member entities.
6. Agreement. This IGA constitutes the entire agreement and understanding between
the Participating Members on the subject matter hereof, and supersedes any prior
agreements or understandings relating to the subject matter of this IGA, except for
other written agreements and understandings referred to herein.
7. Benefit. This IGA shall be binding upon and shall inure to the benefit of the
parties hereto, their successors or assigns.
8. Severability. All agreements and covenants contained herein are severable, and in
the event that any such agreement or covenant is held invalid, by a court of
competent jurisdiction, this IGA shall be interpreted as if such invalid agreement or
covenant were not contained herein.
9. Governmental Immunity. No Participating Member hereto intends to waive,
expressly or implicitly, by any provision of this IGA, the monetary limits or any
other rights, immunities and protections provided by the Colorado Governmental
Immunity Act, Section 24-10-101, et seq., C.R.S., as amended from time to time,
or any other privilege or immunity provided by law.
10. Attorney's Fees. If an action is brought to enforce this IGA, the prevailing party
shall be entitled to reasonable attorney's fees and costs.
11. Applicable Law. This IGA shall be interpreted in all respects in accordance with
the laws of the State of Colorado. Venue shall only be proper in Pitkin County,
Colorado.
12. Paragraph Headings. Paragraph headings are inserted for convenience only and
in no way limit or define the interpretation to be placed upon this IGA.
13. Individual obligations. Each Participating Member is required to carry out and
perform all the obligations of a Participating Member under this IGA
independently of the actions of any and all other Participating Members. No
Participating Member shall be responsible or liable for the failure of any other
Participating Member to perform its obligations herein.
ARTICLE VIII—EFFECTIVE DATE & EXECUTION
In accordance with CRS §29-1-203(1), this IGA shall not become effective as to any
party unless and until it has been approved by all Participating Members hereto.
Provided, however, that if any potential Participating Member fails to approve this IGA
by September 1, 2014 this IGA may become effective as to approving Participating
Member as an absolute condition of any Center service by unilateral order of the Board
of County Commissioners of Pitkin County, Colorado. Participating Members have the
right to seek reimbursement as allowed by law from any Participating Member which
does not sign this agreement. Accordingly, the initial term of this IGA and the rights
and obligations inuring there under shall run concomitantly for all Participating
Members hereto, regardless of the date of signature of any one Participating Member.
1. This IGA may be executed in counterparts. Execution of this IGA by fewer
than all parties shall be governed by this Article.
IN WITNESS HEREOF, the parties hereto, acting under authority of their respective
governing bodies, have caused this Agreement to be executed the day and year first
above written.
r
Signature Page:
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
BY:
Clerk to the Board Robert A. Inner, Jr. , Chair
Date:
ATTEST: ASPEN CITY COUNCI]
� BY: Z-7
Clerk Steve Skadron, ayor
ATTEST: TOWN OF SNOWMASS VILLAGE
BY:
Bill Boineau, Mayor
ATTEST: TOWN OF BASALT
BY:
Clerk Jacque Whitsitt, Mayor
ATTEST: ASPEN VALLEY HOSPITAL
BY:
Clerk Dr. Barry Mink, Chairman
A
EXHIBIT A
In 2014, each entity's funding responsibilities will be determined by taking the
combined percentage of each entity's: population from the Colorado State
Demographers Office; total number of liquor licenses; and total number of admits (not
including hospital admits) from the previous fiscal year.
i. For the purposes of the calculation, Pitkin
County shall count all admissions not
assignable to The City of Aspen, Aspen
Valley Hospital, Snowmass Village or Town
of Basalt to the County's admission numbers.
Model 1 - Admits/Population/Liquor Licenses
Entity Contribution Factors
Aspen Valley Hospital %Contribution Admits%* #of Admits
Off the top contribution 30% 38% 54
Liquor
Population** Licenses*** Admits* Combined %
Pitkin County***** 6,734 24 40 33.79%
Aspen 6,615 84 33 44.21%
Snowmass Village 2,811 36 4 15.01%
Basalt 934 6 10 6.99%
Total 17,094 150 87 100%
Estimated Detox Budget**** $ 238,100
Estimated 2014 Contribution %of Total
Aspen Valley Hospital $ 71,430 30.0%
Pitkin County $ 56,318 23.7%
Aspen $ 73,684 30.9%
Snowmass Village $ 25,024 10.5%
Basalt $ 11,644 4.9%
Total $ 238,100 100%
*Based on 2013 detox demographics from Colorado West
**2011 Estimated Population Colorado State Demographer's Office
***From respective Clerks
****Does not include in-kind donations from Pitkin County and AVH
*****Pitkin County includes referrals from Mind Springs Health, Family/Friends,Self,Other and SO