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HomeMy WebLinkAboutbocc.packet.12032014 - Mind Springs Detox CenterAGENDA ITEM SUMMARY REGULAR MEETING DATE: December 3, 2014 AGENDA ITEM TITLE: Intergovernmental Agreement for Financial Support of the Colorado West Regional Mental Health Center, dba Mind Springs Health Detox Center Operated in Pitkin County STAFF RESPONSIBLE: Jon Peacock, Nan Sundeen ISSUE STATEMENT: Today the Board of County Commissioners is asked to approve on first reading and set for second reading/public hearing an Intergovernmental Agreement for Financial Support of the Colorado West Regional Mental Health Center, dba Mind Springs Health Detox Center, Operating in Pitkin County between Pitkin County, City of Aspen, Town of Snowmass Village, Town of Basalt and Aspen Valley Hospital. BACKGROUND: In October, 2012, Colorado West Regional Mental Health Center closed its regional detoxification program operating out of the Garfield County Jail, leaving the Roaring Fork Valley with no detoxification program. At the same time, 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 the criminal justice system. By November, 2012, Pitkin County convened a group of concerned stakeholders to identify potential solutions. In January 2013, an agreement was made whereby; 1. Pitkin County would provide (free of charge) space in the Schultz Health and Human Services building for a Detoxification Center, 2. Colorado West Regional Mental Health Centers, dba Mind Springs Health Detox Center would operate the detoxification center, and 3. City of Aspen, Town of Snowmass Village, Town of Basalt and Aspen Valley Hospital would join Pitkin County to contribute historic funding levels toward the 2013/14 $238,000 projected budget. The Mind Springs Health Detox Center opened in Aspen at the end of January, 2012. Quarterly meetings have been held by Mind Springs Health Detox Center to review demographics, trends and utilization of the new detoxification center. Throughout the last two years the Mind Springs Health Detox Center grew in utilization: A total of 141 admissions for calendar year 2013 and 180 admissions with 130 total number of clients in calendar year 2014. Representatives from Pitkin County, City of Aspen, Town of Snowmass Village, Town of Basalt and Aspen Valley Hospital met several times throughout 2013 to determine a new funding formula based on utilization instead of historic funding levels. For 2014 an agreement was made to fund the Mind Springs Health Detox Center in Aspen with the following formula: • Aspen Valley Hospital = 30% of the total cost • Remaining partners would pay 70% of total cost as determined by a formula that includes population, utilization of the detoxification center and liquor licenses. The 2014 formula is presented as Exhibit A in the IGA. The partners of this agreement wish to approve the formula annually during the budget process, in the event that it makes sense to adjust the formula as more is reported about utilization or trends. A meeting was held in October, 2014, in which all parties agreed to the formula and budget for 2015/16. Intergovernmental Agreements have already been signed by AVH, TOSV and Basalt. Pitkin County agrees to serve as the fiscal agent and will pay Colorado West Regional Mental Health Center, dba Mind Springs Health Detox Center, and submit bills to each entity with previously agreed upon amounts to City of Aspen, Town of Snowmass Village, Town of Basalt and Aspen Valley Hospital. LINK TO STRATEGIC PLAN: Safe and Healthy Community KEY DISCUSSION ITEMS: 1. Pitkin County will serve as the fiscal agent 2. The formula for dividing up the costs of the Mind Springs Health Detox Center includes population, utilization and liquor licenses. BUDGETARY IMPACT: None, annual appropriations will be determined during the budget cycle. RECOMMENDED BOCC ACTION: Approve first reading and set for second reading and public hearing the Intergovernmental Agreement For Financial Support of the Colorado West Regional Mental Health Center, dba Mind Springs Health Detox Center, Operated in Pitkin County. ATTACHMENTS: Attachment A: Intergovernmental Agreement For Financial Support of the Colorado West Regional Mental Health Center dba Mind Springs Health Detox Center Operated in Pitkin County Attachment B: Resolution approving and authorizing the Chair to Sign the IGA Attachment C: Pitkin County Contract with CWRMHC dba Mind Springs Health Detox Center for Detoxification Services (ATTACHMENT A) i'I'KIN 7COUNT 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 18th, 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 18th, 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 1I 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: 2 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. 3 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 41 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: With copy to: Notice to City of Aspen: With copy to: Notice to Town of Basalt: With copy to: Jon Peacock Pitkin County Manager 530 East Main Street Aspen, CO 81611 970-920-5067 Pitkin County Attorney 530 East Main Street Aspen, CO 81611 970-920-5190 Steve Barwick City Manager 130 South Galena Street Aspen, CO 81611 970-920-5212 City of Aspen Attorney 130 South Galena Street Aspen, CO 81611 970-920-5212 Mike Scanlon Town Manager 101 Midland Avenue Basalt, CO 81621 970-927-4701 Town of Basalt Attorney 101 Midland Avenue Basalt, CO, 81621 970-927-4701 5 1 Notice to Town of Snowmass Village With copy to: Notice to Aspen Valley Hospital With copy to: Gary Suitor Town Manager P.O. Box 5010 130 Kearns Road Snowmass Village, CO 81615 970-923-3777 Town of Snowmass Village Attorney P.O. Box 5010 130 Kearns Road Snowmass Village, CO 81615 970-923-3777 Dan Bonk Chief Executive Officer 0401 Castle Creek Road Aspen, CO 81611 970-925-1120 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. 61 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 71 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. 8 1 Signature Page: ATTEST: Clerk to the Board BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO BY: Robert A. Ittner, Jr. , Chair Date: ATTEST: ASPEN CITY COUNCIL Clerk ATTEST: BY: Steve Skadron, Mayor 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 9 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 10I (Attachment B) RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR FINANCIAL SUPPORT OF THE COLORADO WEST REGIONAL MENTAL HEALTH CENTER, dba MIND SPRINGS HEALTH DETOX CENTER, OPERATED IN PITKIN COUNTY RESOLUTION NO. 2014 1. On October 18th, 2012 Colorado West Regional Mental Health Center closed its detoxification program operating out of the Garfield County Jail, and on that same day (October 18th, 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 2. 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 they desire to have a sustainable continuum of services from detoxification through drug and alcohol case management; and 3. 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 4. The Participating members reached an agreement on a funding model for 2013, based on historic funding contributions, to provide detoxification and drug and alcohol case management programs, and 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 1 5. 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 6. 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, 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 Financial Support of the Colorado West Regional Mental Health Center, dba Mind Springs Health Detox Center, Operated in Pitkin County. 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 THE DAY OF , 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. 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 2 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 PITKIN COUNTY HEALTH AND HUMAN SERVICES COLORADO WEST REGIONAL MENTAL HEALTH, INC., dba ASPEN DETOX CENSER, 2013-2014 Contract Number 024-2013 Ledger Number 113.85.00000.84060 This contract is made as of the date last below signed between Pitkin County, herein referred to as "County", and Colorado West Regional Mental Health, Inc. dba Aspen Detox Center, hereafter referred to as "Agency"_ Whereas, Aspen Detox Center, a private non-profit agency, provides access to quality mental health and substance abuse services, enhancing recovery and resilience in our community, helping families and individuals lead healthier more productive lives. 1. Term and Renewal of Agreement: Absent any termination for cause under paragraph 5 of the Agreement, the term of this Agreement shall continue for a period of two years, from January 1, 2013, to December 31, 2014, subject to budget appropriation, compliance with contract obligations, and Board of County Commissioners' approval each year. 2. Agency Obligations: Agency shall: a) Operate a voluntary, short-term (8 to 12 hours), non -medical detox treatment service. Goals include: (1) provide a safe place for intoxicated individuals to safely withdraw from substances; (2) educate individuals about treatment options; (3) motivate and engage clients to participate in a substance abuse treatment continuum; (3) follow-up with clients via case management for up to 60 days. b) Hold quarterly review meetings with all partners to review program status. c) Communicate quarterly with Health and Human Services building neighbors. d) Strictly adhere to all applicable federal, state and local laws or regulations that have been or may hereafter be established. e) Compliance with House Bill 06-1023. Perform the following verifications to comply with House Bill06-1023: Grantees who provide a benefit to persons over the age of 18 years of age and which require an individual application from the person who will receive a benefit, are required to verify the applicant's legal presence in the United States. The verification of lawful presence requires all applicants 18 years of age or older to: i. Produce a valid Colorado driver's license or a Colorado identification card; or a United States military card or military dependent's identification card; or a United States Coast Guard Merchant Mariner card; or a Native American Tribal document and ii. Execute an affidavit stating that applicant is a United States citizen or legal permanent resident; or that applicant is otherwise lawfully present in the United States pursuant to Federal law. f) Be lawfully prohibited, pursuant to Article 76.5 of Title 24, C.R.S., from providing a Federal public benefit or a state or local public benefit in violation of paragraph (b) of this section. 1 Statutory Exceptions_ Excepted from this requirement are the following types of benefits: a) Services for children under age 18; b) Obtaining health care items and services necessary for treatment of an emergency medical condition of the person involved and not related to an organ transplant; c) Short-term, in -kind, non -cash emergency disaster relief; d) Public health assistance for immunizations, with respect to immunizable diseases and for testing and treatment of symptoms of communicable dise2se, whether or not such symptoms are ransed by immunizable diseases; e) Programs, services or assistance such as soup kitchens, crisis counseling and intervention; f) Prenatal care. g) Public Grants for Services. CRS §8-17.5-101. Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services attend management services, sponsored projects, intergovernmental agreements, or information technology services or products and services) Grantee certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Grant and will confirm the employment eligibility of all eanployees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Cnautee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that faits to certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee: i. shall not use E-Verify Program or Department program procedures to undertake pre -employment screening of job applicants while this Grant is being performed ii. shall notify the Subgrantee and the granting State agency within three days if Grantee has actual knowledge that a Subgrantee is employing or contrasting with an illegal alien for work under this Grant iii. shall terminate the sabgrant if a Subgrantee does not stop employing or contracting with the illegal alien within three days of receiving the notice, and iv. shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the Department program, Grantee shall deliver to the granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the granting State agency, institution of higher education or political subdivision may terminate this Grout for breach and, if so terminated, Grantee shall be liable for damages. h) The Agency 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. i) Hold and maintain for the term hereof the necessary licenses(s) as specified under State law, which permits the performance of the services) to be provided herein. j)Shall maintain an affordable sliding -fee °ale schedule for its services in order to accommodate low-income individuals. j) Subcontracts utilized by the Agency shall be subject to the requirements of the Grant as listed here, and the Agency is responsible for the performance of any subcontractor. k) Abide by all applicable provisions of the Title VI and VII of the Federal Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title XX of the Social Security Act of 1975 as revised. 1) Maintain written requirements for safeguarding client information and comply with the same. m) Maintain service program records, fiscal records, documentation and other records relevant to this Grant for the duration of the grant plus six years. The above shall be subject at all reasonable times to inspections, review or audit by Federal, State or County personnel, and other persons authorized in writing by the County. n) Provide the services at the location as shown as the address of the Agency or whatever is appropriate for that service within Pitkin County. o) Provide the service(s) described herein at a cost not greater than charged to other persons. p) Provide semi-annual Performance Measure reports and Financial Reports. These reports will include the number of unduplicated clients who live and/or work in Pitkin County served by the Agency's program(s), with residence in Pitkin County, including break-outs of client residence in the jurisdictions of Town of Basalt, Snowmass Village, City of Aspen, and unincorporated Pitkin County. q) This ieyort schedule will repeat annually and is subject to change. i. The first report, the mid -year report, is due August 1, 2013, for the first six months of the grant year. ii. The second report is due January 31, 2014, for the entire period of the grant year. iii. The reports will include Agency's annual goals and actual results year-to- date, as well as an explanation of any variances observed and the steps that were taken to address those variances. 3. Pitkin County's Obligations: Pitkin County shall: a) County agrees to pay $ 238,100 to Aspen Detox Center as ayyxoved in the County's 2013 budget. This grant funding is a blended funding stream of a group of municipalities formalized in an intergovernmental agreement with Pitkin County. The County will be the fisr at agent for this community project. The breakout is as follows: Pitkin Commty City of Aspen Aspen Valley Hospital Snowmass Village Town of Basalt $ 115,600 $ 65,000 $ 52,000 $ 3,000 $ 2,500 Colorado West Regional Mental Health, Inc. will also contribute $2,500 per year to the Center. This amount is subject to change based upon annual State Funding to Colorado West. TOTAL from County and municipalities: $ 238,100 Colorado West will convene a meeting with the jurisdictions quarterly to assess program utilization, outcomes, costs and revenue. b) The total amount of this contract may exceed $238,100 cash maximum in 2013. Second year funding may increase or decrease depending on first year costs, revenue, and utilization. The County will pay Agency in two semi-annual payments of $119,050 each on the last day of March 2013 and September, 2013. The semi-annual payment is contingent upon receipt of mutually agreed upon Performance Measures and gafisfactory semi-annual reports as outlined in section 2(n) of this contract. The return of a completed contract is required in order to receive payment. e) General Provisions i. The Parties to this Grant intend that the relationship between them contemplated by the Grant is that of independent agency. No agent, employee, or servant Agency will be solely and entirely responsible for its acts and the act of its agents, employees, servants and subcontractors during the performance of the Grant. hi. Payment pursuant to the Grant, if in County, State or Federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability and appropriation of County funds for the purpose thereof iii This Grant constitutes the full and complete agreement of the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Agency understands that no County official or employee, other than the Board of County Commissioners acting as a body at a Board meeting, has authority to enter into a Grant or to modify the terms of this Grant on behalf of the 4 County. Any such Grant or modification to this Grant mast be in writing and be executed by the parties hereto. 4. Default/Cancellation. If Agency shall default in the performance of Agency's Obligations pursuant to the terms of this Agreement, and/or fails to provide an accounting or use or appropriation of monies granted in the manner in which such accounting was represented to the County, Agency shall have the right to cure said default after written notice by the County of the default to Agency. If Agency fails to cure such default within sixty (60) days after written notice is given from the County to Agency specifying the nature of such default (or if such default cannot be cured within the aforesaid period of time, if the Agency shall fail to promptly commence to cure the same and to thereafter diligently proceed with such cure), County shall reserve the right to cancel this Agreement and make a demand for the return of all monies that County determines, at its sole discretion, were not appropriated in accordance with this Agreement. Written notice of default and cancellation shall be made to Agency by first class mail, postage prepaid and by certified mail, return receipt requested, to the following address: Sharon Raggio, Executive Director Colorado West Regional Mental Health, Inc. 515 28314 Rd_ Building A Grand Junction, CO 81506 5. Entire Agreement This Agreement constitutes the frill and complete Agreement of the parties hereto and shall not be modified except by a written agreement signed by the parties. 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the latest date written below. PITKIN OUNTY, COLORADO By: a—vk C-t Oc ✓l 3 / c 3 /Z e, Nancy N. Sundeen Date Director Health & Human Services By: Jon Peacock County Manager Date COLORADO WEST REGIONAL MENTAL HEALTH, INC., dba ASPEN COUNSELING, CENTER By. Sharon Raggio Executive Director 3-- f 3 Date Mailing Address: Colorado West Regional Mental Health, Inc. 515 28 3/4 Rd. Building A Grand Junction, CO 81506 6 2014 Detox Contribution Model Summary 2013 Contribution* 2014 Contribution Model 1 - Population/Liquor Licences/Utilization* Change increase/(decrease) Aspen Valley Hospital $ 52,000 $ 71,430 $ 19,430 Pitkin County $ 115,600 $ 56,318 $ (59,282) Aspen $ 65,000 $ 73,684 $ 8,684 Snowmass Village $ 3,000 $ 25,024 $ 22,024 Basalt $ 2,500 $ 11,644 $ 9,144 Total $ 238,100 $ 238,100 2013 Contribution* 2014 Contribution Model 2 - Population/Liquor License* Change increase/(decrease) Aspen Valley Hospital $ 52,000 $ 71,430 $ 19,430 Pitkin County $ 115,600 $ 46,163 $ (69,437) Aspen $ 65,000 $ 78,916 $ 13,916 Snowmass Village $ 3,000 $ 33,704 $ 30,704 Basalt $ 2,500 $ 7,887 $ 5,387 Total $ 238,100 $ 238,100 *Does not include inkind dontations from Pitkin County and Aspen Valley Hospital