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HomeMy WebLinkAboutBocc Packet 02122014 Jail Meal ServiceAGENDA ITEM SUMMARY REGULAR MEETING DATE: February 12, 2014 AGENDA ITEM TITLE: Resolution Approving an Intergovernmental Agreement with Aspen Valley Hospital for Pitkin County Jail Inmate Meal Service STAFF RESPONSIBLE: Don Bird ISSUE STATEMENT: An intergovernmental agreement with Aspen Valley Hospital for preparation of meals for the inmates of the Pitkin County Jail is up for renewal and is before the BOCC at this time for approval of a resolution authorizing execution by the chair of another agreement for a period of one year with an extension period of up to three years upon agreement of both parties. As per the agreement, the price per meal has been adjusted upwards to reflect the current consumer price index. BACKGROUND: Aspen Valley Hospital has been providing meals for the Pitkin County Jail for many years and the most recent intergovernmental agreement was approved by BOCC Resolution No. 033-2008. A copy of the resolution and the intergovernmental agreement is on file in the Clerk and Recorder's office. LINK TO STRATEGIC PLAN: Safe and Healthy Community KEY DISCUSSION ITEMS: This IGA is an example of a true symbiotic relationship. Aspen Valley Hospital is able to meet any and all of the jail's sometimes unique dietary needs and the Pitkin County Jail, by virtue of its year around operations, helps support food service at Aspen Valley Hospital during the off-season. BUDGETARY IMPACT: This is a budgeted jail line -item expense. RECOMMENDED BOCC ACTION: Approve first reading of the resolution approving an intergovernmental agreement with Aspen Valley Hospital for jail inmate meal service and set for second reading and public hearing on February 26, 2014. ATTACHMENTS: Resolution and Intergovernmental Agreement 1 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING THE BOARD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ASPEN VALLEY HOSPITAL FOR PREPARATION OF MEALS FOR THE PITKIN COUNTY JAIL RESOLUTION NO. , 2014 Recitals: 1. The Board of County Commissioners of Pitkin County ("The County") under the authority granted pursuant to C.R.S. Section 29-1-201 and Article XIV, Section 10 of the Colorado Constitution is hereby entering into an Intergovernmental Agreement with the Aspen Valley Hospital ("AVH") 2. The County operates a county jail, which houses inmates who must be provided meals meeting various nutritional standards, but has no facility of its own for preparation of those meals. 3. AVH operates a hospital, which includes a kitchen capable of providing the meals required for the county jail inmates. 4. The parties desire to enter into this Agreement, attached hereto, to provide the specific terms and conditions by which AVH will provide meals for the Pitkin County jail. 5. The Board of County Commissioners has determined that it is in the best interest of the citizens of Pitkin County to enter into this Agreement. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it does hereby approve the Intergovernmental Agreement between Pitkin County and the Aspen Valley Hospital and authorizes the Chair to sign an Agreement in substantially the form attached as Exhibit A, as approved by the County Attorney. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE DAY OF 2014. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON , 2014. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com) ON THE DAY OF 2014. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY OF 2014. 2 PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY on the DAY OF , 2014 POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com) ON THE DAY OF 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS By By: Jeanette Jones Robert A. Ittner, Jr. Chair Deputy County Clerk Date: APPROVED AS TO FORM: MANAGER APPROVAL John Ely, County Attorney Jon Peacock, County Manager 3 INTERGOVERNMENTAL AGREEMENT For Provision of Meals for Pitkin County Jail THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this day of , 2014 by and between the Board of County Commissioners of Pitkin County, Colorado, whose address is 530 East Main Street, Aspen, Colorado, 81611 ("the County") and the Aspen Valley Hospital, 0401 Castle Creek Rd., Aspen, Colorado, 81611("AVH"). At the expiration of the initial term, the contract may be extended for an additional 3 years by the express written consent of both parties. 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. The work and duties to be performed by the parties shall be from January, 2014 until December 31, 2016 (two years). The Agreement shall be automatically extended for an additional three year period unless ninety days prior to the expiration of the original term, written notice of no renewal is provided to the other party at the notice address indicated below. 2. AVH shall provide meals for inmates of the Pitkin County Jail as follows: Breakfast Jail will be responsible for providing cereal AVH will provide a 1/2 pint of 2% milk and fruit. Lunch - In an insulated container Entree - 3 oz. Potato or other starch, 1/2 cup serving Vegetable - 1/2 cup Salad & Dressing Dessert 2% milk, 1/2 pint Bread with margarine Dinner - In an insulated container Same pattern as lunch Meals shall be available for pick up at AVH by 11:45 AM for lunch and 4:45 PM for dinner. 3. Pitkin County agrees to do the following: a. Personnel from the Jail will call the Aspen Valley Hospital Nutritional Services Department by 9:00 AM to report the number of hot meals needed for that day's noon meal. 4 b. By noon, an officer of the jail will pick up the current day's lunches and return the trays used for the previous night's dinner to be washed by the Nutritional Services Department employees for use the next day's dinner. c. The Sheriffs Office will call the Aspen Valley Hospital Nutritional Services Department by 4:00 PM to report the number of hot meals needed for dinner and the number of breakfast meals needed for the next morning. d. By 5:00 PM, an officer of the Jail will pick up the dinner meals and the next day's breakfast meals. The officer will return the lunch trays to be washed by the Nutritional Services Department employees for use for the next day's lunches. 4. AVH's Nutritional Services Department staff will record the number of meals ordered on a daily basis. The Pitkin County Sheriffs Office will be billed at the end of the month. The charges for the meals will be as follows: $ 1.34 2% milk & fruit 10.65 Lunch 10.65 Dinner $22.64 TOTAL DAILY MEAL COST The TOTAL DAILY MEAL COST will increase annually by the CPI Index related to "food away from home". 5. The Jail will be supplied with the following items, when needed, and charged at AVH cost plus 10% for handling: Additional 2% milk Soup Assorted Condiments 6. The Nutritional Services Department will furnish the insulated tray containers for use in meal delivery. However, the Pitkin County Jail will be charged for replacement of all trays. 7. Cancellation of Agreement. The County reserves the right to cancel this Agreement for unsatisfactory performance of the requirements herein or the lack of services provided by AVH as determined by the County by giving written notice, by first class mail at the following address: Director of Nutritional Services Aspen Valley Hospital 0401 Castle Creek Road Aspen, Colorado 81611 5 8. Indemnification. AVH agrees to hold the County harmless, indemnify and defend the County for all damages to themselves and third parties and to all real and personal property occasioned during the performance of this Agreement. 9. Independent Contractor Status. The Parties to the Agreement intend that the relationship between them contemplated by the Agreement is that of independent contractor. AVH, and any agent, employee, or servant of contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. a. AVH is not required to offer this service exclusively to the County under this Agreement. AVH may choose to work for other individuals or 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. b. AVH warrants that all work produced will conform to all applicable industry standards of care, skill and diligence in the performance of AVH's obligations under this Agreement. c. AVH shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this Agreement. d. AVH and any agent, employee or servant of AVH is not entitled to any Workman's Compensation benefits through the County and is responsible for payment of any federal, state, FICA and other income taxes. 10. This Agreement is not assignable by either party. 11. 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. 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. 12. 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. 13. 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 under this paragraph may change the address to which future notices should be sent. 6 Notice to Aspen Valley Hospital: Notice to Pitkin County: Director of Nutritional Services Aspen Valley Hospital 0401 Castle Creek Road Aspen, Colorado 81611 Pitkin County Jail Administrator Dept. J 506 E. Main St. Aspen, Colorado 81611 14. 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. 15. 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 party's bonds or any obligations payable from any class or source of each individual party's money. 16. 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. 17. 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. Each party to this Agreement shall have standing to bring an action to enforce the terms of this Agreement in District Court, including an action for specific performance and injunctive relief. 18. Compliance with House Bill 06-1343 and House Bill 07-1073 In compliance with House Bill 06-1343 and House Bill 07-1073 amending Title 8 of the Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens -Public Contract for Services, enacted by the General Assembly of the State of Colorado, the Contractor shall not: a. Knowingly employ or contract with an illegal alien to perform work under this contract or; 7 b. Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. c. In compliance with House Bill 06-1343 and House Bill 07-1073 enacted by the General Assembly of the State of Colorado: d. The Contractor has confirmed or attempted to confirm the employment eligibility of all employees who are newly hired for employment in the United States through participation in the Basic Pilot Program [created in Public Law 208, 104th Congress, or its successor and expanded in Public Law 156, 108th Congress, or its successor, that is administered by the United States Department of Homeland Security] and, if the Contractor is not accepted into the Basic Pilot Program prior to entering into this contract, the Contractor shall apply to participate in the Basic Pilot Program every three months until the Contractor is accepted or this contract has been completed, whichever is earlier. This provision shall not be required or effective if the Basic Pilot Program is discontinued. e. The Contractor shall be prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this contract is being performed. f. If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to: g- i. Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (a) of this paragraph (3) the subcontractor does not stop employing or contracting with the illegal aliens; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department of Labor and Employment is undertaking pursuant to the authority established in Subsection (5) of C.R.S. § 8-17.5-102. 8 19. The foregoing Agreement is approved by the Board of County Commissioners of Pitkin County, Colorado at its regular meeting held on the day of , 2014. 20. The foregoing Agreement is approved by the Board of Directors of Aspen Valley Hospital at its regular meeting held on the day of , 2014. In Witness whereof, the parties hereto have caused this agreement to be executed as of the day and year first above written. APPROVED AS TO FORM By: Pitkin County Risk Manager BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Approved as to Form: By: Robert A. Ittner Jr., Chairman John Ely, County Attorney ASPEN VALLEY HOSPITAL By: Terry Collins, AVH Chief Financial Officer By Sandy Holmes, Director Nutritional Services 9