HomeMy WebLinkAboutbocc.con.193.21 - BOCC Contract No. 193.2021
Attached
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO,
APPROVING AN AMENDED INTERGOVERNMENTAL
AGREEMENT BETWEEN PITKIN COUNTY,ASPEN
SCHOOL DISTRICT,ASPEN VALLEY HOSPITAL AND
CITY OF ASPEN FOR THE PURCHASE OF VITAL
MENTAL HEALTH SERVICES
RESOLUTION NO. al-1-2021
RECITALS:
1. 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; and
2. 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; and
3. WHEREAS, Pitkin County ("Pitkin County") 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
4. 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;
5. 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.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts this Intergovernmental Agreement with ASD,AVH
and City of Aspen, in a form substantially similar to the attached, 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'
DAY OFJ(.;( , 2021
AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 2±4._1-- DAY
OF ja 1/ 2021.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE l S+4— DAY
OF J J -j , 2021.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE(ww,pitkincounty.com )
ON THE L5:t" DAY OF )v 2021.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE }�
DAY OF ��_ � 2021.
PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE'=,"" DAY OF 1Av,� , 2021.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE(www.pitkincount}.com ) ON THE 2_9"'DAY OF \ ti 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By si t. 611,S By: ; r zi e e, •�
Jeanette Jones Kelly McNicholas Kury, Chair
Deputy County Clerk
Date: Aug-02-2021
APPROVED AS TO FORM: MANAGER APPROVAL
�p►ti Ely flA� For J.P.
John Ely, County Attorney Jon Peacock, County Manager
Revised 01-01-2021
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Contract No. 193.2021
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 23rd
day of September , 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 ("Pitkin County"),Aspen Valley Hospital ("AVH"),Aspen School District
("ASD"), and the City of Aspen ("COA"), 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 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, and City of Aspen "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
2021 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 2021 budget(See Exhibit A- Mental Health
Services 2021 Scope of Work and 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 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.
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 $304,985 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.
c. Use of Excess Funds:
i. Savings from prior years, in the amount of$223,607, provides
support for the Mental Health Analyst Position and Mental Health
Strategic Plan.Additional savings from prior year's contract is to be
held in an assigned fund balance. Decision making for use of funds,
which may include direct use of the funds or return of the funds, will
be established by common consensus of all parties.
4. Quality Assurance. Participating Members are committed to working together to
ensure that relevant performance measures are utilized for the purpose of ongoing
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 for two years from that date. This Agreement may be
renewed with the written consent of all Participating Members
6. Assignability. This agreement is not assignable by either party.
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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 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 n'pitkincount).coni attorney1,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
dressler@aspenhospital.org generalcounsel a,aspenhosnital.org
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
sara.ott a eit�ofaspen.coin Attorney@cityofaspen.can
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To:Aspen School District With copies to:
David Baugh, Superintendent Aspen School District Attorney
235 High School Road 235 High School Road
Aspen, CO 81611 Aspen, CO 81611
dbaumli a aspenk 1 2.net attorneyaasnenk 1 2.net
12. Government Immunity. The parties agree and understand that the 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.
13. 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.
14. Binding Rights and Obligations. The rights and obligations of the parties under this
Agreement shall be binding upon and shall ensure to the benefit of the parties and
their respective successors and assigns.
15. 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.
16. 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.
17. 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.
18.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 Pitkin
County, Colorado at its regular meeting held on the day-of,202}_
28th day of July 2021
The foregoing Agreement was approved by Aspen Valley Hospital at its regular meeting
held on the day of, 2021.Aug-26-2021
The foregoing Agreement was approved by the Aspen School District at its regular meeting
held on the day of, 2021. sep-23-2021
The foregoing Agreement was approved by the City of Aspen at its regular meeting held on
the day of, 2021.Aug-26-2021
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: Vast, l°t..s to CEO
[Title]
ASPEN SCHOOL DISTRICT
By: VtMa 614 Superintendent of Schools
[Title]
CITY OF ASPEN
By: u-a0,6f City Manager
[Title]
BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM
OF PITKIN COUNTY, COLORADO
Aug-19-2021 zobw
By: EI7
Kelly McNicholas Kury, Chair John Ely, County Attorney
Manager Approval:
By: P(AyJS Mau, For ]P
Jon Peacock, County Manager
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