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HomeMy WebLinkAboutresolution.council.007-24RESOLUTION #007 (Series of 2024) 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. V�iTHEREAS, 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 9th day of January 2024. 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 January 9, 2024. Nicole Henning, City clerk 1 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (“BOCC”) OF PITKIN COUNTY, COLORADO APPROVING, AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ASPEN (“COA”), ASPEN VALLEY HOSPITAL (“AVH”), TOWN OF SNOWMASS VILLAGE (“TOSV”) AND TOWN OF BASALT (“BASALT”) TO PROVIDE DETOXIFICATION AND WITHDRAWAL MANAGEMENT IN PITKIN COUNTY RESOLUTION NO. 063, 2023 RECITALS WHEREAS, Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter (“HRC”) official action by formal resolution shall be required for all actions of the Board not requiring ordinance power on matters of significant importance affecting citizens, and; 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 2021 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. WHEREAS, The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts a Intergovernmental Agreement for the Pitkin County Board of County Commissioners and the City of Aspen (“COA”), Aspen Valley IGA attached as Exhibit A 2 Hospital (“AVH”), Town of Snowmass Village (“TOSV”), and Town of Basalt (“Basalt”) to Provide Detoxification and Withdrawal Management in Pitkin County and authorizes the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. INTRODUCED AND FIRST READ ON THE 9TH DAY OF AUGUST, 2023 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 23RD DAY OF AUGUST 2023. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN DAILY NEWS ON THE 10TH DAY OF AUGUST, 2023. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 11TH DAY OF AUGUST 2023. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 23RD DAY OF AUGUST 2023. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 24TH DAY OF AUGUST 2023. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 31ST DAY OF AUGUST, 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS By _________________________ By: _____________________________ Sam Engen Francie Jacober, Chair Deputy County Clerk Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL ___________________________ _________________________________ John Ely, County Attorney Jon Peacock, County Manager Form Revised 01-01-2023 Aug-30-2023 INTERGOVERNMENTAL AGREEMENT For 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 WITHDRAWAL MANAGEMENT IN PITKIN COUNTY THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made this 23rd day of August, 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”), 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 2021 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. Exhibit A 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 $700,000 in 2024 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 and Homeless Services 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 2024, 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,as well as homeless services and an overnight shelter.The value of this space is recognized as $47,220 for 1,574 square feet of space b.Cash Funding for 2024 and future years County will provide the next fiscal year ’s (2024 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 (the following amounts are for 2024): i.Aspen Valley Hospital –30%,or $210,000 ii.City of Aspen –27%,or $189,000 iii.Pitkin County –25%,or $175,000 iv.Town of Snowmass Village –9%,or $63,000 v.Town of Basalt –9%,or $63,000 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 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 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. 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 canceling 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@pitkincounty.com attorney@pitkincounty.com 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.ott@cityofaspen.com attorney@cityofaspen.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 dressler@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 ckinney@tosv.com jjc@mountainlawfirm.com To:Town of Basalt With Copies To: Ryan Mahoney,Town Manager Town of Basalt Attorney 101 Midland Avenue 101 Midland Avenue Basalt,CO 81621 Basalt,CO 81621 Ryan.mahoney@basalt.net Jeff.conklin@basalt.net 7.Government Immunity.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. 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 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. 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 23rd day of August,2023. The foregoing Agreement is approved by Aspen Valley Hospital at its regular meeting held on the _____day of ,2023.11th December The foregoing Agreement is approved by the City of Aspen at its regular meeting held on the _____ day of , 2023. The foregoing Agreement is approved by the Town of Snowmass Village at its regular meeting held on the _____ day of , 2023. The foregoing Agreement is approved by the Town of Basalt at its regular meeting held on the ______ day of __________________, 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:_________________________ Dave Ressler, CEO CITY OF ASPEN By:_________________________ Sara Ott, City Manager TOWN OF SNOWMASS VILLAGE By:_________________________ Clint Kinney, Town Manager TOWN OF BASALT By:_________________________ Ryan Mahoney, Town Manager BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM OF PITKIN COUNTY, COLORADO By:_______________________By:__________________________ Francie Jacober, Chair John Ely, County Attorney Manager Approval:ATTEST _________________________________________________________ Jon Peacock, County Manager Sam Engen, Deputy County Clerk Form Revised 01-01-2022 November06 9th January 2024.