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Town Council Resolution 56 1983TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 56 SERIES OF 1983 A RESOLUTION APPROVING A 24 HOUR HOLD FACILITY AGREEMENT BETWEEN THE TOWN OF SNOWMASS VILLAGE AND THE ASPEN VALLEY HOSPITAL DISTRICT. WHEREAS, the Aspen Valley Hospital District ("Hospital") has submitted an Agreement whereby they will provide the functions, services and facilities set out in provisions of §27-10-105 C.R.S. 1973, as amended, upon the request of the Snowmass Marshal's Office for a person who has been taken into custody as appearing to be mentally ill; and WHEREAS, the Town Council has reviewed the provisions of this Agreement and the comments of staff and desires to approve said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: Section One. That the 24 Hour Hold Facility Agreement between the Town of Snowmass Village and the Aspen Valley Hospital District, attached hereto and made a part hereof as Exhibit A, is hereby approved and the Mayor is authorized to execute same on behalf of the Town. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado, on the 5th day of July, 1983 by a vote of 7 to 0 . ATTEST: , Susan Garrison, Town Clerk TOWN OF SNOWMASS VILLAGE, COLORADO By. Jefferson Tip tt, Mayor EXHIBIT A 24-HOUR HOLD FACILITY AGREEMENT 1. Parties. The parties to this agreement are the Town of Snowmass Village, a Colorado home rule town ("Snowmass") and the Aspen Valley Hospital District, a quasi -municipal corporation and political subdivision of the State of Colorado ("Hospital"). 2. Authorization to contract. The parties may provide the functions, services and facilities which are the subject of this agreement. By signing this agreement, each party certifies that its entering into this agreement has been duly authorized by its legislative or approving body, and that all appropriate authorizations for payments to be made under it have been duly enacted, or will be so enacted prior to the beginning of its term. 3. Recitations. Under the provisions of §27-10-105 C.R.S. 1973, as amended, peace officers from the Snowmass Marshal's Office are authorized to take into custody upon probable cause, a person who appears to be mentally ill and as a result of such mental illness, appears to be an imminent danger to others or to himself, or appears to be gravely disabled (i.e., as a result of mental illness is unable to take care of basic personal needs or is making irrational or grossly irresponsible decisions about himself and lacks the capacity to understand this is so). The person so taken into custody ("Respon- dent") is to be placed in a facility designated for 72 -hour treatment and evaluation by the Colorado Department of Institutions. The nearest such facili- ty to Pitkin County in which a Respondent may be physically detained is St. Mary's Hospital in Grand Junction, Colorado. Subsection 1.1 of the cited statute provides: 1 (1.1) When a person is taken into custody pursuant to subsection (1) of this section, such person shall not be detained in a jail, lockup, or other place used for the confinement of persons charged with or convicted of penal offenses; except that such place may be used if no other suitable place of confinement for treatment and evaluation is readily available. In such situation the person shall be detained separately from those persons charged with or convicted of penal offences and shall be held for a period not to exceed twenty-four hours, excluding Saturdays, Sundays, and holidays, after which time he shall be transferred to a facility designated or approved by the executive director for a seventy -two-hour treatment and evaluation. When a person is taken into custody and confined pursuant to this subsection (1.1), such person shall be examined at least every twelve hours by a peace officer, nurse, or physician or by an appropriate staff professional of the nearest designated or approved mental health treatment facility to determine if the person is receiving appropriate care consistent with his mental condition. The Hospital has one(1) room which may be secured and which is suitable for detainment ("hold room"). The parties agree that the Hospital hold room is a more suitable place of confinement for Respondents than the Pitkin County Jail or any other facility of, or available to, the parties. The parties agree that custody of Respondents as provided for in this agreement is a lawful function of each party, and that this agreement shall result in preferable treatment of Respondents as well as allow a more efficient and economical delivery of service by the parties. 4. Procedure. The parties agree that peace officers of Snowmass may take all Respondents to the Hospital and if so, shall deliver with each Respondent the "MI -24" form (attached as Exhibit A to this agreement and here incorporated in this agreement) completed through the peace officer's signature line. The Hospital shall complete the form, and may fill out other MI -24 forms, as is necessary, preserving in the Respondent's records all MI -24 forms created. The Respondent shall upon delivery to the Hospital become an inpatient of the 1) with care of the Respondent at the Hospital's regular rates, and shall include on the statement or in a separate statement all charges of the professional person, which charges shall be based upon the rates for services attached to this agreement as Exhibit B and here incorporated in this agreement. Payment from Snowmass shall be due within 30 days of receipt of the Hospital's state- ment. Any charges in excess of $400.00 for an individual Respondent shall require the prior consent of the Snowmass Town Marshal or Town Manager. 6. Term and effective date. The term of this agreement is that period during which Respondents may be presented to the Hospital by peace officers of the other parties under the terms of this agreement. The term of this agreement is the calendar year 1983; provided, that rights and obligations, including obl-igations for payment of services rendered during the term, shall survive the end of the term until full performance is made and all obligations are satisfied. This agreement shall be effective, binding the parties, on the day of , 1983. 7. General terms. This agreement may not be amended except by subse- quent written agreement of the parties, nor may its rights or obligations be assigned without.the prior written consent of the parties except that the Hospital may from time to time contract with any and various qualified profes- sional persons to provide services under this agreement. If any provision of this agreement shall become unlawful or shall offend because it is based on a law which has been changed, the provision shall be void but the rest of the agreement valid if the intent and purpose of this agreement can be served in its absence; but, the entire agreement shall be void if the said unlawful or offend- ing provision makes it impossible or impractical to perform the agreement according to its original intent and purpose. Hospital, subject to all rules of the Hospital and subject to care, control, and treatment by the Hospital staff and personnel. The Hospital shall provide appropriate custodial care for up to 24 hours consistent with the Respondent's mental condition, including necessary medication and restraint. The Hospital shall contract with a licensed physician ort certified psychologist ("profession- al person") on its staff to examine Respondents promptly but in no event longer than 12 hours after admission to the Hospital. The parties agree that the Hospital shall have the right to decide, based upon the recommendation of the professional person, (1) to release the Respondent at any time; (2) to transfer the Respondent to a certified 72 -hour facility at any time; (3) to transfer the Respondent to the Aspen Mental Health Clinic and Colorado West Mental Health ,Center for involuntary outpatient treatment; or, (4) to take any other action lawful to the custodian of the Respondent. Pursuant to §27-10-123 C.R.S. 1973, no Respondent shall be presented to the Hospital who is charged with a criminal offense unless the offense has been tried and dismissed or unless the presenting peace officer endorses on the MI -24 form that he has obtained the permission of the criminal court to take custody of the Respondent under provisions of the mental illness statute, 27-10-105. The Hospital shall accept a Respondent when its hold room is unoccupied; it shall endeavor to make the hold room available upon presentation of a Respondent but shall not be required to accept any Respondent when the hold room is occupied either by another Respondent or another patient who cannot be moved. In the event the Hospital cannot accept a Respondent the peace officer shall be responsible for the Respondent's custody. 5. Payment. For each Respondent delivered to the Hospital by a duly authorized and employed member of the Snowmass Marshal's Office, which the Hospital accepts, the Hospital shall bill Snowmass for all charges associated 3 IN WITNESS the parties have executed this agreement in duplicate original this /5 day of 1983. The Town of Snowmass Village By: <:�A_ _'Z� Jefferson T10pett, Mayor (Municipal Seal) Attest: Susan Garrison, Town Clerk Date of Execution: Aspen Valley Hospital District The Board of Directors of the Aspen Valley Hospital District By: President (District Seal) Attest: Secretary -Treasurer r, EXHIBIT B Room 109 daily rate is $200.00 Medication and diagnostic services shall be billed at Aspen Valley Hospital's prevailing rates Psychiatric fees of Dr. John C. Sheehan are to be billed as follows: $100.00 minimum fee; the hourly rate for care shall be between $60.00 and $100.00. M