HomeMy WebLinkAboutresolution.council.003-15 RESOLUTION No. 3
(Series of 2015)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
DISSOLVING THE CITY OF ASPEN PUBLIC HEALTH AGENCY AND THE CITY OF
ASPEN BOARD OF HEALTH, APPROVING AN INTERGOVERNMENTAL AGREEMENT
CONCERNING THE MERGER OF THE CITY OF ASPEN'S PUBLIC HEALTH AGENCY
WITH AN EXPANDED PITKIN COUNTY BOARD OF HEALTH AND APPOINTING
ASPEN'S MEMBER TO THE EXPANDED PITKIN BOARD OF HEALTH
WHEREAS, Senate Bill 194 passed in 2008 by the Colorado General Assembly and
signed into law by the Governor of.the State of Colorado, has revised the public health statutes of
the State of Colorado; and
WHEREAS, the City of Aspen and Pitkin County have maintained separate public health
structures consisting of a local public health agency, a local board of health, and a public health
director for each entity; and
WHEREAS, the City of Aspen and Pitkin County desire to merge public health structures
to maximize efficiency and streamline public health decision making; and
WHEREAS, the City of Aspen shall continue to maintaina separate Environmental
Health and Sustainability Department under direction of the City of Aspen; and
WHEREAS, the City of Aspen desires to continue its collaboration with Pitkin County
and Community Health Services with regard to matters of public and environmental health, and
to work cooperatively with local health and environmental entities to develop a collaborative
local health plan,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO that:
Section 1. The Aspen City Council hereby dissolves its municipal Public Health Agency and
Board of Health.
Section 2. The City of Aspen merges public health structures with Pitkin County.
Section 3. The Aspen City Council adopts the attached IGA pertaining to the merging of
public health structures between the City of Aspen and Pitkin County.
Section 4. The Aspen City Council appoints-30 ,)c sov&n as its member to the:
seven member Pitkin Board of Health.
Dated:
teven 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 Co ncil of the City of Aspen,
Colorado, at a meeting held January 12, 2015.
Linda Manning, ty Clerk
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
APPROVING THE INTERGOVERNMENTAL AGREEMENT FOR PROVISION
OF PUBLIC AND ENVIRONMENTAL HEALTH SERVICES
RESOLUTION NO. 2014
1. Senate Bill 194 passed in 2008 by the Colorado General Assembly and signed into
law by the Governor of the State of Colorado, revised and restructured the public
health statutes of the State of Colorado; and
2. In compliance with the Public Health Act(C.R.S 25-1-501),Pitkin County, acting
as the Public Health Agency/Board of Health (BOH), created the Pitkin County
Public Health Agency, established the BOH, appointed a Public health Director
and entered into contracts with the State ofCoilorado for provision of public
health and consumer protection services, and
3. C.R.S. 25-1-5-6 allows incorporated municipalities the option to establish and
maintain a municipal public health agency if it does not choose to merge with and
fall under the jurisdiction of a countywide public health agency and in 2009 the
City of Aspen chose to establish their own separate Board of Health, Public
Health Agency and Public Health Director, but have now determined that by
doing so they created a complex and confusing public health system in Pitkin
County; and
4. The City Council of the City of Aspen desires to discontinue their current public
health structure in order to simplify and strengthen the Pitkin County Public
Health structure with one County led Board of Health, one Public Health Director
and one Pitkin County Public Health Agency; and
5. Pitkin County desires to merge its Board of Health with the City of Aspen's to
create one Pitkin County Board of Health, Public Health Agency and Public
Health Director in order to simplify and strengthen the Pitkin County Public
Health Structure; and
6. C.R.S 29-1-201 et seq provides that governments may cooperate with one another
to provide any function, service or facility lawfully authorized to each by contract
specifying the purposes, power, rights, obligations, and responsibilities, financial
and otherwise, of the contracting parties
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado to approve and authorize the Chair to sign the Intergovernmental
Agreement for the Provision of Public and Environmental Health Services, and
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INTRODU D, FIRST READ, AND SET FOR PUBLIC HEARING,ON THE
DAY OF kb—,4,11� 2014.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUT N PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE
DAY OF d, , 2014.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIA PIIN COUNTY WEBSITE (www.asi2enpitkin.com )
ON THE QDAY OF 2014.
ADOPTEDAFTER FINAL READING AND PUBLIC HEARING ON THE
DAY OF 2014.
PUBLISHED BY TITLE AND SHORT SUMMARY, AF ER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE'�1-5 'DAY OF 2014.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN
CO TY WEBSITE (www.aspenpitkin.com) ON THE.�3 � AY
OF 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
C
By j ' By. �
Jea f Atte Jones Robert A. Ittner, Jr., Chair
Dep1�ty County Cle
Date:
APPROVED AS TO FORM: MANAGER APPROVAL
a
John oun orney Jon Peacock, County Manager
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(Attachment B)
INTERGOVERNMENTAL AGREEMENT
For Provision of Public and Environmental Health Services
T`HIS INT RGOVERNMENTAL AGREEMENT(the"Agreement") is made this
day of lc, l s 29i -try and between Pitkin County, Colorado,
a Colorado home rule county4fiose address is-530 East Main Street, Aspen, Colorado,
81611, ('Pitkin"), the Pitkin County Board of Health ("BOH"), and the City of Aspen, a
Colorado Home Rule Municipality, whose address is 130 S. Galena Street, Aspen,
Colorado, 81611 ("Aspen").
RECITALS
1. This Agreement is entered into pursuant to, inter alfa, C.R.S. §§ 29-1-201, et
seq., and Article XIV, Section 18 of the Colorado Constitution and C.R.S. §25-1-
506(2)(a)(I) .
2. The Public Health Revitalization Act, Senate Bill 08-194,now codified at
C.R.S. §§25-1-501 et seq. (the"Public Health Act"),revised and restructured the public
health statutes of the State.of Colorado. In compliance with the Public Health Act,Pitkin,
acting as the Public Health Agency/BOH, created the Pitkin Public Health Agency ands
established the BOH, appointed a Public Health Director and entered into contracts with
the State of Colorado for provision of public health and consumer protection services.
3. The Public Health Agency/BOH contracts with Community Health
Services, Inc., ("CHS"), a Colorado non-profit organization,to provide Public Health
Services to its citizens and CHS has the ability, capacity and expertise necessary to
provide the Public Health Services in compliance with the rules and regulations
governing these Public Health Services.
4. Pursuant to the Public Health Act, Aspen created an Aspen Public Health
Agency, established its municipal board of health, appointed a Public Health Director,
and entered into contracts with the State of Colorado for provision of consumer
protection services.
5. Despite the existence of the two separate boards of health and public health
directors, staff for Pitkin and Aspen have informally collaborated since the formation of
the separate public health agencies to allow the Pitkin County Public Health Agency to
provide some of the services and fulfill some of the obligations that would otherwise
have been within the-purview of the Aspen Public Health Agency, including those
services performed by CHS.
6. Both Aspen and Pitkin operate separate environmental health departments
and desire to continue those departments' operations, even though the public health
agencies have similar functions. The State of Colorado has requested that Pitkin and
Aspen combine their Consumer Protection contracts for the ease of managing one
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contract for the State. Aspen and Pitkin wish to maintain separate control of all
obligations and duties relating to Environmental Health and Sustainability in their
respective jurisdictions, including; a) planning, directing and supervising environmental
and environmental health programs, b)administering, supervising or selecting personnel
for resources to carry out the environmental health programs; c)administering monies
allocated to environmental health programs, d)administering and enforcing laws
pertaining to air pollution, solid.and hazardous waste and water quality, and operating its
consumer protection services with funding from the State.
7. Pitkin and Aspen now wish to merge their boards of health and public
health agencies to secure and support the provision of public health services to citizens in
Aspen and Pitkin. Under the Public Health Act public health services include:
A. The assessment of health status and health risks and the development of
policies to protect and promote health and assurance of the 10 essential public
health services;
B. To the extent authorized, administering and enforcing laws pertaining to
public health,; vital statistics' and orders, rules and standards of the state
board;
C. Advising the local board of health on public policy issues necessary to protect;
D. Providing and arranging for the provision of quality, core public health
services as defined by the Colorado Board of Health
8. Colo.Rev. Stat. §29-1-201 et seq provides that governments may cooperate
with one another to provide any function, service or facility lawfully authorized to'each,
by contract specifying the purposes,powers,rights, obligations, and responsibilities,
financial and otherwise, of the contracting parties.
9. The parties acknowledge that funding for critical health services in Pitkin
County is vital and are willing to enter into an agreement to preserve these services
without fully resolving future funding at this time.
10. The Pitkin County Public Health Agency/BOH wishes to oversee the
administration and provision of the public health services on behalf of Pitkin and Aspen
because it allows for the opportunity to achieve efficiencies and economies of scale and
avoids duplication or redundancy of public health services and statutory obligations
within Pitkin County.
11. Aspen and Pitkin desire to set forth the terms and conditions upon which
they will merge their Public Health Agencies and otherwise provide public and
environmental health services.
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:
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1. The City eliminates its Public Health Agency, Board of Health and the position of
Public Health Director, effective as of the effective date of this Public and
Environmental Health IGA.
2. BOH hereby declares an expansion of two additional positions of its membership to
the BOH. The BOH agrees that one position shall be filled by a City appointment and
one position will be filled by a Town of Snowmass Village appointment. The
remaining five positions will be filled by Pitkin. The Aspen and Town of Snowmass
Village appointments may be an elected official or not, at the sole discretion of each
municipality.
3. The term of each such member of the BOH shall be:
a. Pursuant to-C.R.S. 25-1-508 et seq.,the Pitkin County—Board of County
Commissioners-Board of Health members' initial terms shall be staggered
and set to expire based on their individual terms in office.
b. . After the initial terms, full-term appointments shall be for five years pursuant
to C.R.S. 25-1-508 et seq
c. City of Aspen representative—full term appointment shall be for five years.
d. Town of Snowmass Village representative—full term appointment shall be for
five years.
4. Aspen has full discretion to maintain its City Environmental Health and Sustainability
Department which services and programs within the City of Aspen. Those services shall
include but are not limited to consumer protection and all relevant contracts with the
Colorado Department of Public Health and Environment(CDPHE), indoor and outdoor
air quality and associated monitoring activities, waste reduction and resource
management, environmental sustainability, and the regulation of facilities distributing
marijuana infused products. Additional Environmental Health and Sustainability
programs may be developed and implemented in Aspen at the direction of City Council
and the City Manager.
5.Pitkin has full discretion to maintain its Environmental Health Department to provide
Environmental Health services and programs in unincorporated Pitkin County, outside of
the City of Aspen.
6. CDPHE will issue a single annual contract for Consumer Protection services to Pitkin.
Pitkin will allocate a portion of the funds to City of Aspen as determined by the state
standards and formula for funding. Pitkin then will be responsible to assure that the
Aspen Environmental Health and Sustainability Department receives its portion of the
Consumer Protection contract dollars. Both Aspen and Pitkin agree to this with the
understanding that Pitkin and the Pitkin Public Health Agency will allocate in full the
amount due to Aspen Environmental Health and Sustainability for their portion of the
program.
7. BOH will continue to contract with Community Health Services for the provision of
Public Health Services other than the environmental health services which Pitkin and
Aspen will continue to separately provide.
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8. Nothing in this agreement shall be construed as delegating to the Pitkin County Public
Health Agency any power or authority held by either Aspen or Pitkin as set forth in their
respective home rule charters, state statutes, or otherwise, even if such powers and
authority are granted to,the Public Health.Agency, except as provided herein.
9. This Agreement may be modified only by written agreement approved by Aspen and
Pitkin, acting separately; provided that Aspen, acting alone, has the authority to withdraw
this voluntary merger and reestablish its separate public health agency as contemplated in
Title 25 of the Colorado Revised Statutes.
10. Pitkin County Public Health Agency's/BOH Obligations and Authority. The Pitkin
County Public Health Agency/130H, agrees that it will assure the provision and
administration of all of the Public Health services, except as provided in this Agreement
in compliance with all applicable laws, rules and regulations. The parties agree that:
A. BOH will meet a minimum of quarterly with Community Health Services
to provide direction on current and long range public health issues and
strategies. In addition, the BOH will annually review and recommend
adoption to the BOCC the CHS budget and work plan.
B. BOH will comply with and execute all Public Health Revitalization Act
obligations on behalf of Aspen and Pitkin.
C. Pftkin Treasurer shall be responsible for the"master contract"with the
State for setting up a separate Public Health Fund, depositing all state
revenues and reporting to the state, and depositing all appropriations
D. After consultation between the Pitkin Public Health Director and the
BOH,the Pitkin Public Health Director will have sole discretion to
determine the means by which Public Health services will be implemented
and provide the services and supervision to CHS staff-person(s).
E. The BOH will provide oversight and support necessary to ensure proper
provision of the Public Health services including on-going financial
support.Pitkin will continue to provide in-kind rent, access to IT support,
and administrative support from Pitkin Health and Human Services staff.
F. The BOH, through its Public Health Director and service providers, will
ensure the provision of core public health services including but not limited to.
the following actions:
a. Assessment, Planning and Communication
b. Vital Records and statistics
c. Communicable Disease Prevention, Investigation and Control
d. Prevention and Population Health Promotion
e. Emergency Preparedness and Response
£ Environmental Health
g. Administration and Governance
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11. Aspen's Obligations and Authority: Aspen, through its Environmental
Health and Sustainability department,will cooperate with CHS to facilitate the
I rovision of public health services to its citizens. Aspen will:
A. Continue to set environmental health and sustainability priorities and
spending for such services in Aspen, staff City environmental health for
purposes of consumer protection and other services, enforce
environmental policies and programs within Aspen;
B. Continue to participate in public health incident management groups that
have a county wide impact for public and environmental health;
C. Continue to participate in public and environmental health meetings for
the purpose of streamlining services, sharing resources and seeking
efficiencies.
12. Financial Compensation to Community Health Services from Aspen: For 2014
Aspen will contribute to Community Health Services for the provision of public
health services to all Aspen residents pursuant to this Agreement the 2014 grant
amount to Community Health Services, $61,000. Any future contribution, for
succeeding budget cycles is dependent upon Council approval subject to budgetary
appropriations.
13. Reporting to and Reimbursement. Pursuant to the individual contracts with
CDPHE, each entity shall be wholly responsible for reporting public health expenses
to CDPHE and be responsible for meeting any and all financial accounting
guidelines and requirements for state reimbursement of public health programs.
14. Termination of Agreement. The Parties reserve the right to terminate this
agreement with or without cause upon 90 days prior written notice provided.
Should either Party default in the performance of its obligations under this
Agreement, the other Party may terminate this Agreement upon 60 days prior
written notice provided in accordance with¶ 19, below. Aspen may withdraw its
voluntary merger as stated in¶ 9 above.
15. Independent Contractor Status. The Parties to this Agreement intend that the
relationship between them is that of independent contractor. Aspen, and any agent,
employee, or servant of Aspen shall not be deemed to be an employee, agent, or
servant of Pitkin.
A. Pitkin is not required to offer this service exclusively to Aspen under this
Agreement. Pitkin may choose to work for other entities during the term of this
Agreement, provided that the basic services and deliverable products required
under this Agreement are submitted in the manner and on the schedule defined
within this agreement.
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B. Pitkin warrants that the performance of Pitkin's obligations under this
Agreement, and all work its contractors produce, will conform to all applicable
industry standards of care, skill and diligence.
C. Pitkin shall not attempt to oversee or supervise the work or actions of any
Aspen employee, servant or agent in the course of completing work under this
Agreement.
D.Pitkin and any agent, employee or servant of Pitkin is not entitled to any
Workman's Compensation benefits through Aspen and is responsible for payment
of any federal, state FICA and other income taxes.
16. Non-Assi nable. This agreement is not assignable by either party.
17. Integrated Agreement. This Agreement may be changed or modified only in
writing by an agreement approved by the respective Boards of the Parties and
signed by authorized officers of each Party. 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.
18. 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.
19. Notices. Any notice required or permitted under this Agreement shall be in
writing with effective date of delivery the date sent and shall be hand_delivered,
emailed 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 should be sent.
Notice to Aspen: CJ Oliver
City of Aspen Environmental Health
130 S. Galena St
Aspen, CO 81611
Cj.oliver@cityofaspen.com
Notice to Pitkin County: Nan Sundeen
0405 Castle Creek Road, Suite 8
Aspen, Colorado 81611
Nan.sundeen@pitkincounty.com
With copy to: John Ely
Pitkin County Attorney
530 E. Main St., Suite 302
Aspen, CO 81611
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John.ely@pitkincounty.com
20. Iniminifty. 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.
21. Currently udgeted Expenditures. The Parties acknowledge and agree that any
payments provided for hereunder or requirements for future appropriations shall refer
only to 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.
22. Binding Effect. 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.
23. Choice of Law and Venue. This Agreement shall be construed according to the
laws of the State of Colorado, and venue for any action shall be in the District Courts of
Pitkin County, Colorado. Each Party to this Agreement shall have standing to bring an
action to enforce the terms of this Agreement in District Court, limited to an action for
specific performance and injunctive relief.
24. Method for Resolving Disputes and Service. In the event of a dispute between the
Parties concerning performance of either Party's obligations under this Agreement, the
dispute shall first be referred to the Public Health Director. In the event that these
individuals are unable to reach agreement regarding the dispute, they shall refer it to the
respective Managers of each Party. Should the Managers fail to resolve the dispute, this
Agreement maybe terminated pursuant to¶ 14.
25. Term. This Agreement shall automatically renew for succeeding January 1 to
December 31 and ongoing one-year periods.
26. Pitkin County BOCC Approval. The foregoing Agreement is approved by the
Board ofCclunty Co issioners of Pitkin County, Colorado at its regular meeting held
/
on the l/Allay of Y 2014. Resolution#
1r - 9-Ot�f
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27. City of Aspen Approval. The foregoing Agreement is approved by the City of
Aspen at its regular meeting held on the_[2 day of an\-kCb.✓ —72014.
Resolution# 2s 07 7 C5 i S
28. BOH approval. The oregoing AgreFment is approved by the BOH at its regular
meeting held on the day of / , 2014.
Resolution# il.1=2C21 V
In Witness whereof,the parties hereto have caused this agreement to be executed as of
the day and year first above written.
BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM
OF PITKIN COUNTY,COLORADO
By: �
Robert A. Ittner, Jr., Chairman �-E-1y Attorney
Jon Pekock, County Manager
CITY 'ASP N.COLORADO APPROVED AS TO FORM
L
Steve kadr6n, or City Attorney
Ste e Barwick, City Manager
PITKIN COUNTY BOARD OF HEALTH
By:
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