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HomeMy WebLinkAboutbocc.con.068.21 - BOCC1 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ON BEHALF OF THE PITKIN COUNTY SHERIFF’S OFFICE, AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE ASPEN VALLEY HOSPITAL FOR PREPARATION OF MEALS FOR THE PITKIN COUNTY JAIL RESOLUTION NO. 019-2021 RECITALS 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 of County Commissioners (“BOCC”) not requiring ordinance power on matters of significant importance affecting citizens, and; WHEREAS, The Board of County Commissioners of Pitkin County under the authority granted pursuant to C.R.S. Section 29-1-2-1 and Article XIV, Section 10 of the Colorado Constitution is hereby entering into an Intergovernmental Agreement with the Aspen Valley Hospital (AVH). WHEREAS, The Pitkin County Sheriff’s Office 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. WHEREAS, AVH operates a hospital, which includes a kitchen capable of providing the meals required for the Pitkin County Jail inmates. WHEREAS, 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. WHEREAS, 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 of Pitkin County, Colorado that it hereby approves a Resolution, on behalf of the Pitkin County Sheriff’s Office approving the Intergovernmental Agreement between Pitkin County Sheriff’s Office and the Aspen Valley Hospital for Preparation of Meals for the Pitkin County Jail 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. DocuSign Envelope ID: F49E289D-7C41-4837-BC38-B50AC46CC9F6 Contract No. 068.2021 - BOCC (Attached) 2 INTRODUCED AND FIRST READ ON THE 24th DAY OF February, 2021 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 10th DAY OF March 2021. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 25th DAY OF February, 2021. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 25th DAY OF February 2021. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 10th DAY OF March 2021. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 11th DAY OF March 2021. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 18th DAY OF March, 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS By _________________________ By: _____________________________ Jeanette Jones Kelly McNicholas Kury, Chair Deputy County Clerk Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL ___________________________ _________________________________ John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager Mar-11-2021 DocuSign Envelope ID: F49E289D-7C41-4837-BC38-B50AC46CC9F6 INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF MEALS FOR PITKIN COUNTY JAIL THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made this ______ day of ____________________, 2021 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 the Aspen Valley Hospital, 401 Castle Creek Rd., Aspen, Colorado, 81611 (“AVH”). 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. 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. The work and duties to be performed by the parties shall be from January 1, 2021 thru December 31, 2021. At the expiration of this one-year period, this Agreement may be extended for additional one-year terms unless either party (upon 30 day written notice), chooses to amend or terminate the agreement. 2. Effective ______________, AVH will: 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, I /2 cup serving Vegetable - 1/2 cup Salad & Dressing Dessert 2% milk, l /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 4:45PM for dinner. 3. Effective _____________, Pitkin County will: do the following: DocuSign Envelope ID: F49E289D-7C41-4837-BC38-B50AC46CC9F6 1 April 2021 April1st 1 April 2021 Contract No. 068.2021 - BOCC A. Personnel from the Jail will call the Aspen Valley Hospital Nutritional Services Department by 9:00AM to report the number of hot meals needed for that day's noon meal. 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 Sheriff’s 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 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: $ 1.37 2% milk & fruit $ 10.88 Lunch $ 10.88 Dinner $23.13 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 DocuSign Envelope ID: F49E289D-7C41-4837-BC38-B50AC46CC9F6 of services provided by AVH as determined by the County by giving written notice, by first class mail al the following address: Director of Nutritional Services Aspen Valley Hospital 040I Castle Creek Road Aspen, Colorado 81611 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. 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. Assignability. This agreement is not assignable by either party. 11. 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. 12. 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. 13. Severability. Should any one or more sections or provisions of this Agreement be judicially adjudged invalid or unenforceable, such judgment shall not affect, DocuSign Envelope ID: F49E289D-7C41-4837-BC38-B50AC46CC9F6 impair, or invalidate the remaining provisions of this Agreement, the intention being that the various sections and provisions hereof are severable. 14. 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. 15. 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: Pitkin County Jail Administration Pitkin County Attorney’s Office 530 E. Main St. Suite 103 530 E. Main Street, Suite 302 Aspen, Colorado 81611 Aspen, Colorado 81611 attorney@pitkincounty.com To: Aspen Valley Hospital With copies to: Director of Nutritional Services General Counsel Aspen Valley Hospital Aspen Valley Hospital 401 Castle Creek Road 401 Castle Creek Road Aspen, Colorado 81611 Aspen, Colorado 81611 16. 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. DocuSign Envelope ID: F49E289D-7C41-4837-BC38-B50AC46CC9F6 17. 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. 18. 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. 19. 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. 20. 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 final 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. 21. 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. 22. 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. [Signature Page(s) Follow] DocuSign Envelope ID: F49E289D-7C41-4837-BC38-B50AC46CC9F6 The foregoing Agreement is approved by the Board of County Commissioners of Pitkin County, Colorado at its regular meeting held on the 10th day o f March, 2021. The foregoing Agreement is approved by Aspen Valley Hospital at its regular meeting held on the _____ day of , 2021. 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:_________________________ David Ressler, CEO BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM OF PITKIN COUNTY, COLORADO By:_______________________ By:__________________________ Kelly McNicholas Kury, Chair John Ely, County Attorney Manager Approval: By:______________________ Phylis Mattice for Jon Peacock, County Manager DocuSign Envelope ID: F49E289D-7C41-4837-BC38-B50AC46CC9F6 December 014th