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Home My WebLink Aboutbocc.con.280.2017 - BOCC # RESOLUTION OF THE BOARD OF COUNTY C'OM\IISSIONECONTRRSACT 26/i ("BOC'C") OF PITKIN COUNTY, 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. p'A7 , 2017 RECITALS: Pursuant to Section 2 8 3 (Actions) of the Pitkin County I lome Rule Charter("HRC"1 official action h\ formal resolution shall he required for all actions of the Board not legLuling ordinance po \er on matters of significant importance affecting citizens 2. This Agreement is entered into pursuant to, inter aha. C.R.S 29-1-2111. et n seq., and Article XIV, Section IH of the Colorado Constitution, 3 The County. through its appointed County Coroner, is responsible for pros'ding coroner sen ices to the community ("Coroner Sen ices"). 4 AVE' owns an office in the main hospital building nevi to the morgue ss herein it can accommodate Coroner Services (the "Coroner's Office"). 5. The Parties desire to enter into an Agreement for AVII to provide space for the Coroner to proN ide sen ICCs to the Cmin ty and the common ity through utilization of the Coroner's O Iliec 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 BOCC finds that it is in the best interests of the citizens of Mon County to approve this Resolution NOW. THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it hereby I) 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 provision 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 fonn, execute any other associated documents necessary to complete this matter. a INTRODUCED AND FIRST READ ON THE /c DAY OF t ,2017 AN SET FOR SECOND READING AND PUBLIC HEARING ON E ; "r DAY OF 2017. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RE�DLUTON PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE!3tDAY OF �)vI .2017. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON RIE OFFICI PITKIN COUNTY WEBSITE(www.oitkincountv.com)ON THE /3vt. DAY OF pri 2017. ADOPTp)AFTER FINAL READING AND PUBLIC HEARING ON THE'sr.9 DAY OF /Lt,`� 2017. PUBLISHED BY TITLE AND SHORT SUMM Y,AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE/1-- DAY OF y��LvY� .2017. POSTED BY TITLE AND SHORT SUMMARY 0 THE OFFIC L PITKIN COUNTY WEBSITE(www.pitkincount .com)ON THE _- DAY OF /t 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS BY, l ./. I Lfi, By ( 14, J- •/ate ones / George Newman,Chhir De:,uty County Cle e Date: O`i -a -l 7-- APPROVED AS TO FORM: MANAGER APPROVAL John y CenM %mey on Peacock, County Manager CONTRACT 7"9-6/7 INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF SPACE RELATED TO CORONERS SERVICES BETWEEN PITKIN COUNTY("PITKJN") AND ASPEN VALLEY HOSPITAL DISTRICT("AVH") ,,,/I TH INTERGOVERNMENTAL AGREEMENT(the"Agreement")is made this ,�}'/ " day of 2017 by the COUNTY OF PITKIN,STATE OF COLORADO,by and through its Board of County Commissioners, whose address is 530 Fact 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,inter alio,C.R.S. §29-1-201, et 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 Coroner's 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 Stmt,Suite 302 Aspen, Colorado 81611 Aspen.Colorado 81611 epicearo@sopris.net john.ely@pitkincounty.com Pitkin County NUN:Jon Peacock, County Manager 123 Emma Road Basalt, Colorado 81621 jon.peacock@pitkincounty.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,e1 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 sourcc of each individual party's money. 12. 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. 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. Early 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 rules 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 County Commissioners of Pitkin County.Colorado at its regular meeting held on the 96 day ofAl;vr / ,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: alr I ave Ressler,CEO BOA RD OF COUNTY COMMISSIONERS ATTEST: OF PIT IN COUNTY COLORADO r I' BY:a tl George Newman 'Chair 1r Jean ones,Deputy I unty Clerk APPROVED AS TO FORM: • rr John Ely, corinty ttonteyac.- County Manager �t�nv ( COO . Ube ASPEN VALLEY HOSPITAL New X Renewal_ Amendment_ Capital Operating X CONTRACT CHEMIST REVIEW C Contract is between AVH and 1 ✓t (1)lN � h . Term Effective Date: 21% 1 I�' Purpose: n__l.Q /� J � Responsible Department le (TUVl1A6'1 /Person: ( 4'7fit�`6Ln'1 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 4 61 Manager Initials Date ET inilia� Date ` 2. Materials Management review and approval: N/ A (Signature indicates HHS reviewed if applicable) MM Director initials Date 3. IT review and approval: N/ IT Director Initials Date 4. Turn Contract in to Executive Assistant Ohnti417 1' Exec.Asst.initials te S. Legal Review: eAAAg Dla I Legal initials Date Specific considerations and notes: Q 6. Financial Review: ( ✓ Li �D �lCContract 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 0 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