HomeMy WebLinkAboutbocc.res.062.20231
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS (“BOCC”) OF PITKIN COUNTY,
COLORADO APPROVING, AN
INTERGOVERNMENTAL AGREEMENT (IGA)
BETWEEN PITKIN COUNTY AND CITY OF ASPEN,
ASPEN VALLEY HOSPITAL, AND TOWN OF
SNOWMASS VILLAGE, TO SUPPORT THE
EMERGENCY OVERNIGHT SHELTER AT THE
SCHULTZ HEALTH AND HUMAN SERVICES
BUILDING
RESOLUTION NO. 062, 2023
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
not requiring ordinance power on matters of significant importance affecting citizens, and;
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; and
WHEREAS, pursuant to Ordinance No. 019-2022 approved on March 27, 2022, the Board of
County Commissioners approved a lease agreement with Recovery Resources (‘the Vendor”)
to provide overnight residential shelter services in the colder winter months; and
WHEREAS, representatives from the City of Aspen, Aspen Valley Hospital and Town of
Snowmass Village (“Participating Members”) met on September 15, 2022, to discuss a concept
(“the Program”) on how to support for the critical services of overnight shelter for individuals
who are homeless in Pitkin County; and
WHEREAS, the Participating Members have agreed to participate in a Strategic Planning
Process in early 2024 to address the complex needs of the changing landscape of funding and
the community’s unique opportunities; and
WHEREAS, the Vendor has agreed to extend the Overnight Shelter to be year round with no
additional increase to the funding request from Participating Members; and
WHEREAS, the Program is directly connected and coordinated through the Vendor and
Participating Members desire to enter into an Intergovernmental Agreement and provide
funding to the Vendor for shelter services; and
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 peace, health and safety.
WHEREAS, The BOCC finds that it is in the best interests of the citizens of Pitkin County
to approve this Resolution.
IGA attached as Exhibit A
2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby adopts a Resolution Approving the
Intergovernmental Agreement (IGA) Between Pitkin County and City of Aspen, Aspen
Valley Hospital, and Town of Snowmass Village, to Support the Emergency Overnight
Shelter at the Schultz Health and Human Services Building 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.
INTRODUCED AND FIRST READ ON THE 9TH DAY OF AUGUST, 2023 AND SET
FOR SECOND READING AND PUBLIC HEARING ON THE 23RD DAY OF AUGUST
2023.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN DAILY NEWS ON THE 10TH DAY OF
AUGUST, 2023.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com )
ON THE 11TH DAY OF AUGUST 2023.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 23RD DAY
OF AUGUST 2023.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com ) ON THE 24TH DAY OF AUGUST 2023.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN DAILY NEWS ON THE 31ST DAY OF AUGUST, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By _________________________ By: _____________________________
Sam Engen Francie Jacober, Chair
Deputy County Clerk
Date: ______________
APPROVED AS TO FORM: MANAGER APPROVAL
___________________________ _________________________________
John Ely, County Attorney Jon Peacock, County Manager
Aug-30-2023
INTERGOVERNMENTAL AGREEMENT BETWEEN THE PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ASPEN (“COA”),
ASPEN VALLEY HOSPITAL (“AVH”), AND TOWN OF SNOWMASS VILLAGE
(“TOSV”) TO SUPPORT THE EMERGENCY OVERNIGHT SHELTER AT THE
SCHULTZ HEALTH AND HUMAN SERVICES BUILDING
THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made this
23rd day of August, 2023 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”), City of Aspen (“COA”), and Town of
Snowmass Village (“TOSV”), 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; and
WHEREAS, pursuant to Ordinance No. 019-2022 approved on March 27, 2022, the Board of
County Commissioners approved a lease agreement with Recovery Resources (‘the Vendor”)
to provide overnight residential shelter services in the colder winter months; and
WHEREAS, representatives from the City of Aspen, Aspen Valley Hospital and Town of
Snowmass Village (“Participating Members”) met on September 15, 2022, to discuss a
concept (“the Program”) on how to support for the critical services of overnight shelter for
individuals who are homeless in Pitkin County; and
WHEREAS, the Participating Members have agreed to participate in a Strategic Planning
Process in early 2024 to address the complex needs of the changing landscape of funding and
the community’s unique opportunities; and
WHEREAS, the Vendor has agreed to extend the Overnight Shelter to be year round with no
additional increase to the funding request from Participating Members; and
WHEREAS, the Program is directly connected and coordinated through the Vendor and
Participating Members desire to enter into an Intergovernmental Agreement and provide
funding to the Vendor for shelter services; and
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 peace, health and safety.
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:
Exhibit A
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 the Program through the Vendor; and
a. Fiscal Agent- Pitkin County agrees to be the fiscal agent providing
payment to the Vendor in the amount of $135,530, in 2024 for the
Program as per the contract approved in the County’s 2024 budget (See
Exhibit A- Pitkin County Detoxification and Homeless Services Contract
and Scope of Work).
2. Funding Allocation – The Participating Members agree to provide funding in
return for services providing through the Center as follows:
a. In-Kind Contributions
i. Pursuant to an annual lease agreement with the Vendor, Pitkin
County shall provide, an in-kind contribution in the amount of
$47,220 for 1,574 square feet of space in the Schultz Health and
Human Services Building.
b. Cash Funding for 2024
i. Aspen Valley Hospital agrees to pay $30,000
ii. City of Aspen agrees to pay $25,000
iii. Town of Snowmass Village agrees to pay $20,000
iv. Pitkin County agrees to pay $60,530
3. 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.
a. Pitkin County Human Services Director, Lindsay Maisch, will be
responsible for contract compliance with the Vendor.
b. The Participating Members agree to assign staff as representatives to
participate in quarterly meetings with the Vendor to review performance,
utilization and process/protocol/communication improvements.
c. The Participating Members agree to attend once a year budget meetings to
review annual utilization, proposed budget, financial expenditures and
budget compliance.
d. The Participating Members agree to participate in a strategic planning
process to be completed by end of Quarter 3, of 2024.
4. Terms and Extensions – This agreement shall commence upon the date first
written above and shall continue each year through written consent as determined
by the Participating Members.
5. Assignability. This agreement is not assignable by any party hereto.
6. Modification. This Agreement may be changed or modified only in writing by
an agreement approved by the respective Boards or Councils 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. 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.
6. 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: City of Aspen With Copies to:
Sara Ott, City Manager City of Aspen Attorney
130 South Galena St 130 South Galena Street
Aspen CO 81611 Aspen, CO 81611
Sara.ott@cityofaspen.com attorney@cityofaspen.com
To: Aspen Valley Hospital With Copies To:
Dave Ressler Aspen Valley Hospital Attorney
0401 Castle Creek Road 0401 Castle Creek Road
Aspen, CO 81611 Aspen, CO 81611
dressler@aspenhospital.org generalcounsel@aspenhospital.org
To: Town of Snowmass Village With Copies To:
Clint Kinney, Town Manager Town of Snowmass Village Attorney
130 Kearns Road 130 Kearns Road
Snowmass Village, CO 81615 Snowmass Village, CO 81615
ckinney@tosv.com jjc@mountainlawfirm.com
7. Government Immunity. The parties agree and understand that all 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 any of
the 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 any of the 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 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.
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.
The foregoing Agreement is approved by the Board of County Commissioners of Pitkin
County, Colorado at its regular meeting held on the 23rd day of August, 2023.
The foregoing Agreement is approved by Aspen Valley Hospital at its regular
meeting held on the _____ day of , 2023.
The foregoing Agreement is approved City of Aspen at its regular meeting held on the
_____ day of , 2023.
The foregoing Agreement is approved Town of Snowmass Village at its regular meeting
held on the _____ day of , 2024.
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:_________________________
Dave Ressler, CEO
CITY OF ASPEN
By:_________________________
Sara Ott, City Manager
TOWN OF SNOWMASS VILLAGE
By:_________________________
Clint Kinney, Town Manager
BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM
OF PITKIN COUNTY, COLORADO
By:_______________________ By:__________________________
Francie Jacober, Chair John Ely, County Attorney
Manager Approval:
By:______________________
Jon Peacock, County Manager
13.00 November
6 February