HomeMy WebLinkAboutbocc.res.027.2017 RESOLUTION OF THE BOARD OF COUNT\ COMMISSIONERS
("BOCC") OF PITKIN COL N'I'l,COLORADO, ADOPTING AN
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF
SPACE RELATED TO CORONERS SERVICES BETWEEN
PITKIN COUNTY ("PITKIN") AND ASPEN VALLEY HOSPITAL
DISTRICT ("AVH")
RESOLUTION NO. , 2017
RE('I FALS:
I. Pursuant to Section 2 8.3 (Actions}of the Pitkin County I Ionic Rule Charter (' 1IRC )
official action by fnmual resolution shall he required for all actions of the Bard not
requiring or durance power on matters of significant importance affecting citizens
2 This Agreement is entered into pursuant to. inter aha, C' R S 29-1-201, et n seq.. and
Article XIV, Section I X of the Colorado Constitution.
3. The County, through its appointed County Coroner. is responsible for pros iding coroner
sen ices to the cOmmunrte("Coroner Sen ices"),
4. AVH owns an office in the main hospital building next to the morgue wherein it can
accommodate Coroner Set revs (the "Coroner's Office").
5. The Parties desire to cuter into an Agreement for AVI Ito pros ide space for the Coroner
to pros ide sen ices to the County and the community through utilization of the Coroner's
Office
6 This Agreement shall replace and supersede all prior agreements between the Parties
related to the provision of space related to Coroner Services.
7 the BO('C finds that it is in the best interests of the citizens of Pitkin County to appion e
this Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby 1)adopts an INTERGOVERNMENTAL AGREEMENT FOR
THE PROVISION OF SPACE RELATED TO CORONERS SERVICES and 2) replaces
and supersedes all prior agreements between the Parties related to the pros iston of space related
to Coroner Services and 3) 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 I a DAY OF t ,2017
AN SET FOR SECOND READING AND PUBLIC HEARING ON E ; !DAY OF
2017.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
LOTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE I3t DAY OF
7vt ,2017.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED
ON 31-IE OFFICIAL PITISIN COUNTY WEBSITE(www.pitkincountv.com)ON THE
L3 ' DAY OF Fpvi I 2017.
ADOPT' )AFTER FINAL READING AND PUBLIC HEARING ON THE'3i' DAY
OF Y)r / 2017.PUBLISHED BY TITLE
TIMES WEEKLY ON THE/1 & DAY OF ,�y-, 2017R ADOPTION, IN THE ASPEN
POSTED BY TITLE AND SHORT SUMMARYqON TIM OFFIC L PITKIN COUNTY
6
WEBSITE(www.pitkincounE.corn) ON THE DAY OF rt 2017.
A I I EST: BOARDAROF�COUNTY COMMISSIONERS
By', 1 / /./. J , By I n/UXf.A.. C
Je•'tette ones / George Newman,Ch
De I uty County Cle
Date: 0'f -0T7 l
APPROVED AS TO FORM: MANAGER APPROVAL
>_
Iohn Ey feuF Amey on Pea ac ck,County Manager
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF SPACE
RELATED TO CORONERS SERVICES BETWEEN PITIQN COUNTY("TITKIN")
AND ASPEN VALLEY HOSPITAL DISTRICT("AVM") „„,,//�
TH INTERGOVERNMENTAL AGREEMENT(the`Agreement")is made this 9'/_ `day of
2017 by the COUNTY OF PITKIN,STATE OF COLORADO,by and
through its Board of County Commissioners,whose address is 530 East Main Street,Aspen,
Colorado, 81611 (`Pitkin")and Aspen Valley Hospital District("AVH"),a Special District
organized Under the laws of the State of Colorado whose address is 401 Castle Creek Road
collectively the("Parties").
NOW,THEREFORE,in consideration of the mutual promises and agreements of the parties and
other good and valuable consideration,the receipt and sufficiency of which is hereby
acknowledged,the parties agree as follows:
1. This Agreement is entered into pursuant to,infer alio,C.R.S. §29-1-201, er seq., and
Article XIV. Section 18 of the Colorado Constitution.
2. Term. The initial term of this Agreement is from April 26, 2017 to March 31,2018. At
expiration of the initial term,the Agreement shall renew automatically on an annual
basis.
3. Aspen Valley Hospital District Obligations. It is agreed and understood between the
Parties that AVH shall provide an office space next to the hospital morgue, referred to
herein as the Coroner's Office, and the Coroner shall use the Coroners Office for
administrative work related to Coroner Services. The provision of space is the only
obligation of the hospital in relation to this agreement.
4. Pitkin's Obligations. It is agreed and understood between the Parties that the County shall
ensure that all members of their agency comply with any AVH policies related to the
provision of space under this Agreement, including but not limited to The Joint
Commission and Centers for Medicare and Medicaid Conditions of Participation.
5. Assignability. This agreement is not assignable by either party.
6. Modification. 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.
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. Notice. Any notice required or permitted under this Agreement shall be in writing and
shall be hand-delivered or sent by registered or certified regular mail,postage pre-paid to
the addresses of the parties as follows. Each party by notice sent under this paragraph
may change the address to which future notices should be sent. Electronic delivery of
notices shall also be deemed sufficient and considered delivered upon receipt of
confirmation of delivery on the part of the sender.
To: Pitkin County With copies to:
ATTN: J.Stevens Ayers,County Pitkin County Attorney's Office
Coroner 0401 Castle Creek Road 530 E. Main Street,Suite 302
Aspen,Colorado 81611 Aspen, Colorado 81611
epiccoro@sopris.net john.ely@pitkincounty.com
Pitkin County
ATIN:Jon Peacock, County
Manager 123 Emma Road
Basalt,Colorado 81621
jon.peacock@pitIcincounty.com
To: Aspen Valley Hospital District With a copy to:
0401 Castle Creek Road General Counsel
Aspen,CO 8161 I egerson@aspenhospital.org
ATTN: Dave Ressler, CEO
dressler@aspenhospital.org
10. 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.
I I.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.
11 Binding Rights and Oblinations. 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.
13. 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. 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.
14. Earls'Termination: The County has the right to terminate this contract,with or without
cause,by giving written notice to AVH of such termination and specifying the effective
date thereof.Such notice shall be given at least thirty(30)days before the effective date
of such termination. AVH has the right to terminate this contract,with or without cause.
by giving written notice to the County of such termination and specifying the effective
date thereof. Such notice shall be given at least thirty(30)days before the effective date
of such termination. If County is found to be in violation of any federal or state odes or
regulations that govern the operation of AVH,AVH may immediately terminate this
Agreement and County must vacate the premises.
15. Attorney's 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 of suit including reasonable attorney's fees.
16. 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.
The foregoing Agreement is approved by the Board of Count Commissioners of Pitkin County.
Colorado at its regular meeting held on the 96 day of County
/ 2017.
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 DISTRICT
By:
ave Ressler,CEO
BOA RD OF COUNTY COMMISSIONERS ATTEST:
OF PIT IN COUNTY COLORADO
i
BY: !�'.s. : � / A I . it ,
George Newman 'Chair Jean i ones,Deputy tr,unty Clerk
J
APPROVED AS TO FORM: /
— _
si
John Ely,Cojtmynorncy"- .��-ac, ,County Manager
w r' Coo
ASPEN VALLEY
HOSPITAL
New X Renewal_ Amendment_ Capital Operating X
CONTRACT REVIEW CHECKLIST
Contract is between AVH and 19I4-1✓1 0t)WAFT Term Effective Date: 211 I I-4'
Purpose: e LU�/1 S _l(J _
Responsible Department � 1. /7[ti•'l,�t,t!'1 /Person: 6 &)Circici Y\
1. Operational impact analysis(review by director and ET regarding contents of contract,responsibility,and
operational impact. There should be no blanks in the contract). NOTE: If fees are included in the contract(i.e.
charges for rental space;payment for services,etc.),determine fees with finance a enter in contract BEFORE
continuing. P'Av - 4b
Manager Initials Date ET initis s Date
2. Materials Management review and approval: N/p
(Signature indicates HHS reviewed if applicable) MM Director initials Date
3. IT review and approval: NiE`ct
IT Director initials Date '"'^^cc''
4. Turn Contract into Executive Assistant 9l-i/I
Exec.Asst.initials Date
S. Legal Review: PA + (o, I -
Legal initials Date
Specific considerations and notes: d„ „ , „(If,
rnr50 D TGw.W) 49—60%4-
�of
6. Financial Review: ( t/ ( ��Cont2c[Signature❑
CFO Initials Da e
Specific considerations and notes:
7. Executive Assistant returns contract to manager for vendor signature. Post signature obtained,director turns
signed contract into Executive Assistant: _
Exec.Asst.initials Date
Executive Assistant sends copy to legal and director. Contract finalized
NOTE: Annually,the director will complete a performance review of the vendor which is turned Into risk
management. The form is available on the intranet: department/department managers/forms