HomeMy WebLinkAboutbocc.con.135.20 - BOCC Contract No. 135.20 - BOCC
RESOLUTION OF TILE BOARD OF COUNTY
COMMISSIONERS ("BOCC") OF PITKIN COUNTY,
COLORADO,AMENDING RESOLUTION NO. 016-2016
AND APPROVING AN AMENDED
INTERGOVERNMENTAL AGREEMENT BETWEEN
PITKIN COUNTY ("PITKIN") AND ASPEN SCHOOL
DISTRICT ("ASD"), ASPEN VALLEY HOSPITAL
("AVH") AND CITY OF ASPEN ("COA") FOR THE
PURCHASE OF VITAL MENTAL HEALTH SERVICES
RESOLUTION NO. ni -2020
RECITALS:
WHEREAS: Pursuant to Title 29, Article 1, part 2, Colorado Revised Statutes, as
amended (the"Intergovernmental Relations Statutes") and Article XIV, Section 18 of the
Colorado Constitution,governments may contract with one another to provide any
function, service or facility lawfully authorized to each of the contracting units and any
such contract may provide for the joint exercise of the function, service or facility,
including the establishment of a separate legal entity to do so.
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.
WHEREAS: Pursuant to Resolution No. 016-2019, the BOCC entered into an
Intergovernmental Agreement with the Aspen School District,Aspen Valley Hospital and
the City of Aspen for the Purchase of Vital Mental Health Services.
WHEREAS: Pitkin County ("Pitkin") and Aspen School District ( "ASD"),Aspen
Valley Hospital ("AVH") and City of Aspen("COA")wish to enter into an
intergovernmental agreement for the purposes of pooling their financial resources to
purchase vital mental health services; and
WHEREAS: The City of Aspen has collected additional funds,through their tobacco tax
collections, and has elected to contribute to this Intergovernmental Agreement for Vital
Mental Health services in order to increase the funding for a school counselor from a
.6FTE to a 1 FTE. Pitkin County has elected to contribute S31,000 for employee
incentives for the three Minds Springs positions.
WHEREAS: Pitkin and ASD, AVH and COA are governments authorized to enter
into agreements pursuant to C.R.S. § 29-1-203 for purposes including the provision
of any function, service, or facility lawfully authorized to each; and
WHEREAS: The BOCC finds that it is in the best interests of the citizens of Pitkin and
ASD, AVH and COA to enter into this agreement in order to ensure the health and
welfare of the people who live, work and play in Pitkin County.
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NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby approves a Resolution Amending Resolution No.
016-2016 and Approving an Amended Intergovernmental Agreement(Attached hereto as
Exhibit A)between Pitkin County, the Aspen School District, Aspen Valley Hospital and
the City of Aspen for the Purchase of Vital Mental Health Services 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.
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INTRODUCED AND FIRST READ ON THE /1 fi� DAY OF 1 r l GtvA , 2020
AND SET FOR SECOND READING AND PUBLIC HEARING ON THE Z5 -'DAY
OF /11 6 ,d,_, 2020.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE ,O' DAY
OF t'1(���(,. , 2020.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE E(www.pitkincounty.com )
ON THE j/14, DAY OF /I'1 eu,r,(„ 2020.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE
DAY OF 7Yl ctAAS 4. 2020.
PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE J- DAY OF i L y v s 1 , 2020.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE(www.pitkincounty.com ) ON THE % DAY OF Ylk,(wr,Q, 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By itAtAtif t- ,hbin t,S By: S4veA F. dal..
Jeanette Jones Steven F. Child, Chair
Deputy County Clerk
Date:
APPROVED AS TO FORM: MANAGER APPROVAL
c �c US It 4 iu.
Ely, Co ttorney Phylis Mattice for Jon Peacock
County Manager
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INTERGOVERNMENTAL AGREEMENT TO PROVIDE FUNDING FOR MENTAL
HEALTH SERVICES AND SUBSTANCE ABUSE PROVIDED BY MIND SPRINGS
HEALTH(MOUNTAIN FAMILY HEALTH SERVICES)
THIS INTERGOVERNMENTAL AGREEMENT (the"Agreement") is made this
day of )(/ `,w ,( , 2020 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'),Aspen School District
("ASD"), and the City of Aspen. ("COA"), and 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,Mental Health and Substance Use("Mental Health")were again
identified in the 2017 Regional Community Health Assessment as the top health
priority to address for those who live,work,and play in Pitkin County. High rates of
suicide,mixed messages surrounding the promotion of a"party town",high rates of
depression and anxiety, sleep disturbances,financial pressures,lack of psychiatric
care, lack of specialized support for marginalized populations and the high cost of
treatment, as well as other issues have inspired a number of different non-profit and
private providers to step up and respond. Although there are many assets within the
community along the continuum of care(prevention, intervention,treatment,
aftercare), gaps still remain in the continuum, and some of our most vulnerable, fall
through the cracks.
WHEREAS,Funding stakeholders of Pitkin County engaged in a focused strategic planning
process in 2017 with the purpose of rapidly improving access to Mental Health programs and
services by changing the way funding is allocated to programs. These Funders (Pitkin
County, Aspen School District, Aspen Valley Hospital — "Participating Members") have
committed to using funding strategically to strengthen the system of care and improve service
delivery.
WHEREAS,Participating Members agreed to collectively pool their funding in 2018 to
support a Mental Health Services proposal submitted by Mind Springs Health and
Mountain Family Health Services ("Vendor") for specified community mental health, crisis
stabilization, integrated behavioral health care and school based services.
WHEREAS,in 2018, Participating Members participated in quarterly Steering Committees
with the Vendor. The Vendor convened funder organization staff monthly to participate in
both a medical/law enforcement operations group, and a school-based operations group.
Key Performance Metrics were designed and reported on during Steering Committee
meetings.
WHEREAS,Participating Members have agreed to renew the same contract with the
current Vendor, at the same funding levels from each organization.
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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 health, safety and wellbeing.
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 integrated mental health and substance abuse prevention,
intervention, crisis stabilization,treatment and case management programs.
2. Fiscal Agent. Pitkin County agrees to be the fiscal agent providing payment to
Mind Springs Health (and Mountain Family Health Centers)in the amount of
$556,332 in 2020 for collaborative and integrated mental health and substance use
prevention, intervention, crisis stabilization,treatment, and case management
programs per the contract and approved in the County's 2020 budget(See Exhibit A
- Mental Health Services 2020 Scope of Work and Exhibit B - Change Order). Once
invoiced by Pitkin County in Quarter one, Participating Members agree to pay in
full.
3. Funding Allocation. The Participating Members agree to provide funding in return
for collaborative and integrated mental health and substance use prevention,
intervention, crisis stabilization, treatment and case management programs as
follows. By October each year Mind Springs Health(and Mountain Family Health
Centers) will provide the County with a budget to fund collaborative and integrated
mental health and substance use prevention, intervention, crisis stabilization,
treatment, and case management programs for the next fiscal year. The share for
each entity will be determined as follows:
a. In-Kind Contributions:
i. Pursuant to an annual lease agreement with Mind Springs Health,
Pitkin County shall provide, at no cost, space in the Schultz Health
and Human Services Building_to Mind Springs Health for
collaborative and integrated mental health and substance use
prevention, intervention, crisis stabilization,treatment and case
management programs. The value of this space is recognized as
$59,766 per year.
ii. Aspen School District shall provide, at no cost, space in the
Aspen Middle School for Mind Springs Health a youth and family
clinician. The value of this space is recognized as $45,000 per year.
b. Cash Funding:
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i. Aspen Valley Hospital agrees to pay$73,275 of the provision of
collaborative and integrated mental health and substance use
prevention, intervention, crisis stabilization, treatment and case
management programs provided by the Vendor.
ii. Aspen School District agrees to pay$40,000 for the provision of
a school based youth and family clinician provided by the Vendor.
iii. City of Aspen agrees to pay$107,550 for the provision of
collaborative and integrated mental health and substance use,
prevention, intervention, crisis stabilization, treatment and case
management programs provided by the Vendor.
iv. Pitkin County agrees to pay$335,507 for the provision of
collaborative and integrated mental health and substance use
prevention, intervention, crisis stabilization, treatment and case
management programs provided by the Vendor.
4. Quality Assurance. Participating Members are committed to working together to ensure
that relevant performance measures are utilized for the purpose of on-going evaluation of
services in accordance with the developed 2019 Key Performance Indicators.
a. Pitkin County Public Health will be responsible for contract compliance
with the Vendor.
b. The Steering Committee agrees to meet quarterly to review performance
measures, financial expenditure and budget compliance.
c. Participating Members agree to assign staff to participate in formal
quarterly operational groups (protocols, issues, needs, communication,
debriefs, etc)with the Vendor.
d. Participating Members agree to commit staff to participate in rapid case
debrief outside of the quarterly operations groups.
e. Participating Members agree to support by gathering key performance
indicators necessary from the perspective of each member's operations.
5. Term and Extensions. This Agreement shall commence upon the date first written above;
and shall continue through the 30th day of December 2020. This Agreement may be
extended for successive one-year terms upon mutual written agreement of the parties 10
days prior to the expiration date.
6. Assignability. This agreement is not assignable by either party.
7. 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.
8. 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.
9. 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
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invalidate the remaining provisions of this Agreement,the intention being that the various
sections and provisions hereof are severable.
10. 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 cancelling 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.
11. 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: Aspen Valley Hospital With copies to:
Dave Ressler, Chief Executive Officer Aspen Valley Hospital Attorney
0401 Castle Creek Road 0401 Castle Creek Road
Aspen, CO 81611 Aspen, CO 81611
970-544-1261 970-925-1142
To: City of Aspen With copies to:
Sara Ott, City Manager City of Aspen Attorney
130 South Galena Street 130 South Galena Street
Aspen, CO 81611 Aspen, CO 81611
970-920-5212 970-920-5212
To: Aspen School District With copies to:
Tom Heald, Interim Superintendent Aspen School District Attorney
235 High School Road 235 High School Road
Aspen, CO 81.611 Aspen, CO 81611
970-925-3760 970-925-3760
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 fmal
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.
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The foregoing Agreement was approved by the Board of County Commissioners of Pitkiit
County, Colorado at its regular meeting held on the 25th day of March,2020.
The foregoing Agreement was approved by Aspen Valley l-lospital at its regular meeting
held on the day of,2020.
The foregoing Agreement was approved by the Aspen School District at its regular meeting
held on the day of,2020.
The foregoing Agreement was approved by the City of Aspen at its regular meeting held on
the day of, 2020.
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:
[Title]
ASPEN SCHOOL DIS IRICT
F v: (�"t,A i,
[Title]
CITY OF ASPEN
By: S'A tt
[Tide;
BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM
OF PITKIN COUNTY, COLORADO
By:
Steven F. Child, Chair John-Ely, Cou_ntrAttorney
Manager:Approval:
By: P(, (is l .A�f►cc.
Phylis Manioc for Jon Peacock, County Manager
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