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Home My WebLink Aboutbocc.res.192.1999A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ADOPTING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ASPEN FOR ENVIRONMENTAL HEALTH DEPARTMENTS Resolution # 99- /4'2— RECITALS 1. The City and County had separate Environmental Health Departments until 1980, and combined the departments at that time. Since January 1, 1999, the City and County Environmental Health Departments have been operating separately, with separate budgets, separate personnel and directors, and separate tasks and supervision. 2. The Environmental Health Department split was requested by City Management. The attached IGA has been agreed to by City and County staff and contains the details of the agreement. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that Environmental Health Intergovernmental Agreement with the City of Aspen be approved. Introduced, First Read and Set For Public Hearing on November 3, 1999. Notice of Public Hearing Published in the Weekend Edition of the Aspen Times on November 6, 1999. Approved on 2nd Reading and Public Hearing on November 17, 1999. Published after Adoption in the Weekend Edition of the Aspen Times on November 27, 1999. TEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jej ette Jones Duty Clerk & ' order APPROVED AS TO FORM: John Ely Cou Attorney Date: 3 j lCK; 199 MANAGER APPROVAL: Suz e Konc Cou Manager CONTRACT # C 99 INTERGOVERNMENTAL AGREEMENT CITY OF ASPEN & PITKIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENTS APPROVE® by RESOLUTION # - 2 THIS IN.kERGOVERN TAL A EMENT ("Agreement"), is made and entered into this (� day of ,p,�,y,RE, , 1999, by and between the City of Aspen, a home -rule municipal corporation ("City") and the Board of County Commissioners for Pitkin County, Colorado, a body corporate and politic ("County"). WITNESSETH WHEREAS, the parties entered into a Joint Agreement in 1984 for the creation of a joint "Aspen/Pitkin County Environmental Department" responsible for all State mandated inspection programs and local programs requiring local inspections; and WHEREAS, the parties desire to split the Joint Aspen/Pitkin County Environmental Health Department into separate City and County departments; and WHEREAS, the parties intend that this Agreement supercede and replace in its entirety the 1984 Joint Agreement; and WHEREAS, the parties intend that this Agreement set forth the understanding of the parties for the continued cooperative functions of the separate City and County Environmental Health Departments, to improve economic efficiency, staff productivity, and overall level of services provided by the separate departments; and - WHEREAS, the parties to this Agreement have the authority pursuant to Article XIV, Section 10, of the Colorado Constitution and Section 29-1-201 et seq., of the Colorado Revised Statutes to enter into governmental agreements for the purpose of providing any service or performing any function which they can perform individually. NOW, THEREFORE, for and in consideration of the mutual covenants 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: I. PURPOSE 1. This Intergovernmental Agreement is designed and intended to: • Facilitate clear communication and efficient environmental health services among the staff of the separate City and County Environmental Health Departments; • Establish and clarify the duties and responsibilities of the separate City and County Environmental Health Departments as they endeavor to work cooperatively in serving their customers; and • Establish and clarify financial responsibilities of the separate City and County Environmental Health Departments in accordance with the terms and conditions set forth below. 2. One of the main purposes of this Intergovernmental Agreement is to create a working environment for all personnel of the separate City and County Environmental Health Departments which is conducive for harmonious, cohesive and economically efficient provision of services to public and other departments of the City and County. II. CREATION OF DEPARTMENTS 3. The City and County hereby agree to create, fund, staff, and operate within their respective organizations separate departments of environmental health. 4. The aforementioned 1984 Joint Agreement which established the Joint Aspen/Pitkin County Environmental Health Department is hereby superceded in its entirety by this Agreement. III. PERSONNEL 5. The City Manager and County Manager may assign existing employees as either City or County employees for payroll purposes. a. All current personnel of the Environmental Health Department who remain with the City shall be assigned as City employees; all current personnel of the Environmental Health Department who are assigned to the County Department will be assigned as a City employee until Tom Dunlop (the director of the County Department) retires. Once Tom Dunlop retires, all existing and future employees shall become employees of either the City or County depending entirely upon whether they are assigned to work in the City or County Environmental Health Department. Personnel placed on either the City or County payroll system shall for benefit purposes be considered employees of that particular governmental entity, follow the personnel policies and procedures, receive the personnel benefits, and shall be evaluated in accordance with their effective governmental entity's personnel system. b. Regarding liability, the City, within its legal ability to do so under the Constitution of the State of Colorado and its home rule charter, agrees, to the full extent permitted by law, to indemnify and save harmless the County, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of or because of any act or omission, neglect, or misconduct of any County employee assigned to the City Environmental Health Department engaged in the performance of his/her duties on behalf of the City. 2 c. Regarding liability, the County, within its legal ability to do so under the Constitution of the State of Colorado and its home rule charter, agrees, to the full extent permitted by law, to indemnify and save harmless the City, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of or because of any act or omission, neglect, or misconduct of any City employee assigned to the County Environmental Health Department engaged in the performance of his/her duties on behalf of the County. d. Neither the City nor the County waive the defenses or limitations on damages provided for and pursuant to the Colorado Governmental Immunity Act (Sec. 24-10-101 et seq. C.R.S.), the Colorado Constitution, their respective home rule charters or under the common law or the laws of the United States or the State of Colorado. e. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship not intended by the express terms of this agreement. Personnel identified as County employees shall be for all purposes County employees. Personnel identified as City employees shall be for all purposes City employees. It is anticipated that Department employees may be assigned to work on projects and activities for both political entities and may be required to report to personnel employed by each entity. Nothing contained in this agreement shall be construed to make such sharing arrangements evidence of an employee/employer relationship other than the ones specifically set forth herein. No agent, employee, or servant of one party shall be, or shall be deemed to be, the employee, agentor servant of the other party. Each party to this agreement shall be solely and entirely responsible for its acts and for the acts of its agents, employees, servants and subcontractors during the performance of this agreement. IV. FINANCIAL CONSIDERATIONS 6. Annual Program and Financial Budget. The City and County shall annually adopt as part of their individual fiscal year budgets annual budgets for their individual Environmental Health Departments. The budgets shall be prepared by the Directors in consideration with the City and County Managers prior to their submission to the City Council and Board of County Commissioners for approval. The annual budgets shall consist of a breakdown of all expenditures allocated by City and County for each Department and a breakdown of all revenues received and allocated by City and County for each Department. a. It is currently anticipated that the County Department will continue to perform the Superfund program tasks and the City Department will continue to perform the air quality public education tasks. 3 7. Departmental Expenses and Revenues. The Parties recognize that because of the sharing of space, staff and resources and because of the anticipated continued cooperation between the separated Environmental Health Departments, the following general rules for the allocation of expenses and revenues shall apply: a. All costs that can be directly attributable to the City shall be charged to the City and those directly attributable to the County charged to the County. b. Revenues that can be directly attributable to the City shall be credited to the City and those'attributable to the County shall be credited to the County. c. Costs and revenues that cannot be attributable to either the City or County shall be charged or credited to each entity in the proportion that the entity's direct labor costs bear to the total direct costs. d. On or before the 15ih of May of each calendar year, the actual net cost of each Department shall be determined by the City and County Finance Directors and final reimbursement shall be settled and transacted. e. All records and accounting methods shall be in accordance with the Memorandum of Understanding between the City and County regarding administrative procedures for the operation of Joint City/County Departments. V. AUTOMATIC RENEWAL AND TERMINATION 8. This agreement shall be automatically renewed annually at the time of the official adoption of the budgets of the City and County. 9. Both the City and County may withdraw from this agreement at any time upon written notification to the other one hundred eighty (180) days in advance of the date upon which they intend to withdraw. CITY OF ASPEN, COLORADO By: ATTEST: /Oar) leac Approved as to Form: City 'Attomey APPROVED BY BOCK; ON /� /2-97 BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF PITKIN By: Approved as to Form: County Atto it EAA-10/12/99-G:\contract\agr\IGA-environmenml health depedoc 5