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HomeMy WebLinkAboutbocc.res.070.2024 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (“BOCC”) OF PITKIN COUNTY, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS AND ASPEN VALLEY HOSPITAL (“AVH”), AND TOWN OF SNOWMASS VILLAGE (“TOSV”) TO SUPPORT EMERGENCY WINTER OVERNIGHT SHELTER SERVICES RESOLUTION NO. 070-2024 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, and; 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, Pitkin County (“Pitkin”) and Aspen Valley Hospital (AVH) and Town of Snowmass Village wish to enter into an intergovernmental agreement for the purposes of supporting the winter overnight shelter, and; WHEREAS, Both Pitkin, Aspen Valley Hospital and Town of Snowmass Village are 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 to enter into this agreement in order to ensure health and welfare of the citizens of Pitkin County. WHEREAS, representatives from the Aspen Valley Hospital and Town of Snowmass Village (“Participating Members”) met on April 25, 2024, 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 2 RESOLUTION NO. 070-2024 WHEREAS, the Participating Members have agreed to fund by percentage in 2025 and beyond, at the amounts of 40% of the total budget from Aspen Valley Hospital, and 40% of the total budget from Pitkin County, and 20% of the total budget from Town of Snowmass Village; and WHEREAS, in the preclusion of the strategic planning process, it may change these amounts and Participating Members in future years, and a new agreement may be designed; and WHEREAS, the Vendor has agreed to provide emergency winter overnight shelter at the Aspen Chapel, or another community location, funded in part by 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that Pitkin County is authorized to enter into an Intergovernmental Agreement with Aspen Valley Hospital and Town of Snowmass Village as attached hereto as Attachment “A” in substantially the same form satisfactory to the County Attorney, and authorizes the Chair or designee, to sign the resolution and the agreement on behalf of Pitkin County. 3 RESOLUTION NO. 070-2024 INTRODUCED AND FIRST READ ON THE 24TH DAY OF JULY, 2024 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 14TH DAY OF AUGUST 2024. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN DAILY NEWS ON THE 1ST DAY OF AUGUST, 2024. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 1ST DAY OF AUGUST 2024. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 14TH DAY OF AUGUST 2024. POSTED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 22ND DAY OF AUGUST 2024. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 22ND DAY OF AUGUST, 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS By _________________________ By: _____________________________ Sam Engen Greg Poschman, Chair Clerk to the Board Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL ___________________________ _________________________________ Richard Neiley, Jon Peacock, Interim County Attorney County Manager Revised 01/01/2024 Sep-11-2024 INTERGOVERNMENTAL AGREEMENT BETWEEN THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS AND ASPEN VALLEY HOSPITAL (“AVH”), AND TOWN OF SNOWMASS VILLAGE (“TOSV”) TO SUPPORT EMERGENCY WINTER OVERNIGHT SHELTER SERVICES THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made this 14th of August, 2024 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”) and Town of Snowmass Village (“TOSV”), hereinafter severally referred to by name or collectively as the “Participating Members”. 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, and; 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, Pitkin County (“Pitkin”), Aspen Valley Hospital (AVH) and Town of Snowmass Village wish to enter into an intergovernmental agreement for the purposes of supporting the emergency winter overnight shelter, and; WHEREAS, Pitkin County, Aspen Valley Hospital and Town of Snowmass Village are 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 to enter into this agreement in order to ensure health and welfare of the citizens of Pitkin County. WHEREAS, representatives from Pitkin County, Aspen Valley Hospital and Town of Snowmass Village (“Participating Members”) met on April 25, 2024, to discuss a concept (“the Program”) on how to support for the critical services of emergency overnight shelter for individuals who are unsheltered in Pitkin County; and WHEREAS, the Participating Members have agreed to fund by percentage in 2025 and beyond, at the amounts of 40% of the total budget from Aspen Valley Hospital, and 40% of the total budget from Pitkin County, and 20% of the total budget from Town of Snowmass Village; and WHEREAS, in the preclusion of the strategic planning process, it may change these amounts and Participating Members in future years, and a new agreement may be designed; and WHEREAS, the Vendor has agreed to provide emergency winter overnight shelter at the Aspen Chapel, or another community location, funded in part by 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: 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 2025 for the Program as per the contract approved in the County’s 2025 budget 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 2025 i. Pitkin County: 40% ($54,230 for 2025, and the percentage in future years) ii. Aspen Valley Hospital: 40% ($54,230 for 2025, and the percentage in future years) iii. Town of Snowmass Village: 20% ($27,070 for 2025, and the percentage in future years) 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 strategic planning processes. 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: 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 14th day of August, 2024. The foregoing Agreement is approved by Aspen Valley Hospital at its regular meeting held on the 9th day of September, 2024. The foregoing Agreement is approved Town of Snowmass Village at its regular meeting held on the 21st day of October , 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 TOWN OF SNOWMASS VILLAGE By:_________________________ Clint Kinney, Town Manager BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM OF PITKIN COUNTY, COLORADO By:_______________________ By:__________________________ Greg Poschman, Chair Richard Neiley, Interim County Attorney Manager Approval: By:______________________ Jon Peacock, County Manager ASPEN VALLEY HOSPITAL By:_________________________ Dave Ressler, CEO TOWN OF SNOWMASS VILLAGE By:_________________________ Clint Kinney, Town Manager BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM OF PITKIN COUNTY, COLORADO By:_______________________ By:__________________________ Greg Poschman, Chair Richard Neiley, Interim County Attorney Manager Approval: By:______________________ Jon Peacock, County Manager Docusign Envelope ID: 88498233-7208-4959-ADF6-34C85B9D0498