HomeMy WebLinkAboutbocc.res.089.2015 CONTRACT# , �-9.0 f
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ASPEN
REGARDING THE NORDIC PROGRAM OPERATIONAL FUNDING AND
MANAGEMENT
RESOLUTION NO.0 i6/ -2015
1. WHEREAS, There currently exists approximately 90 km of public nordic skiing
trails (Nordic Program) operated by staff at the City of Aspen (City) under the
direction of Pitkin County Open Space and Trails and the Aspen Snowmass
Nordic Council (ASNC), and
21. WHEREAS, in 1990 the Pitkin County Open Space and Trails Program(POST)
was created and.most recently reauthorized in 2006,with new authority, effective
January 1,2007, added to the Pitkin County Home Rule Charter to provide
funding for the Nordic Program, and
3. WHEREAS,the County, City and Town of Snowmass Village had previously •
entered into an Intergovernmental Agreement(IGA),which is now obsolete given
the-voter's 2006 authorization of Nordic funding by and through the Pitkin
County Open Space and Trails program, and
4. WHEREAS,the City has provided the staffing, some equipment and management
for the Nordic Program ever since the afore mentioned pre-existing IGA, and
5. WHEREAS,Pitkin County desires to continue relying on the City to provide
staffing, general management, and equipment for the Nordic Program while
relying on POST-for the primary funding of the program, and
6. WHEREAS,the Board of County Commissioners finds that it is in the best
interest of the citizens of Pitkin County to enter ino this Agreement, and
7. WHEREAS,the parties desire that this Agreement supersedes all prior
agreements regarding Nordic funding.
NOW, THEREFORE, BE IT RESOLVED,that the Board of County Commissioners of
Pitkin County, Colorado approves in substantially the form as attached hereto (`Exhibit
A')the Intergovermental.Agreement with the City of Aspen, Colorado regarding the
Nordic Program operational funding and management.
INTRODUCED, FIRST READ ON THE 18TH DAY OF NOVEMBER 2015 AND SET
FOR PUBLIC HEARING ON THE 2ND DAY OF DECEMBER 2015.
Resolution n g*q_-2015
Page 1 of 5
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON Jr?,
2015.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIAL NTKIN COUNTY WEBSITE(www.pitkincounty.com)
ON THE /lf-1 DAY OF 1/0 -e/1"--J-A€P 2015.
ADOPTEDAFTER FINAL READING AND PUBLIC HEARING ON THE
DAY OF U-e_.,e.,e4ycke r 2015.
PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY 0A- i9.zC)-enc- /'j ev —
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN
COUY WEBSITE(www.pitkincounty.com) ON THE g'-'e DAY
OF (ded.e be r 2015.
AT) 1 : BOARD OF COUNTY COMMISSIONERS
By -IA) Lt!
BY: iit 17caLLP
Jeatri ette Jones 9 Steven F. Child, Chair
De iuty County Cle ,
Date: (2 /6 ( - is
APPROYED ASTO r ORM".---- MANAGER APPROVAL
dIIIIIIIIb
J
o, ii� : Jon P-acock, County Manager
f irTrAttch
'i.a#*ail , lIRq../�irror r-
-
Open Space and Trails
Resolution nq -2015
Page 2 of 5
Exhibit A to Resolution CONTRACT#3 g6)';d/6
INTERGOVERNMENTAL AGREEMENT
BETWEEN PITKIN COUNTY AND THE CITY OF ASPEN
REGARDING THE NORDIC PROGRAM OPERATIONAL
FUNDING AND MANAGEMENT
THISiNTERGONARNMENTAL AGREEMENT(the"Agreement") is made this
/q"' day ofeeem k2015 by and between the Board of County Commissioners of
Pitkin County Colorado,whose address is 530 East Main St.,Aspen Colorado 81611 (the
"County"), and the City of Aspen,whose address is 130 South Galena Avenue,Aspen,
Colorado 81611 (the"City),
RECITALS
There currently exists approximately 90 km of public nordic skiing trails ("Nordic
Program") operated by staff at the City of Aspen under the direction of Pitkin County
Open Space and Trails and the Aspen Snowmass Nordic Council (ASNC), and
The Pitkin County Open Space and Trails Program ("POST")was created in 1990, and
was most recently reauthorized in 2006,with new authority, effective January 1,2007,
added to the Pitkin County Home Rule Charter to provide funding for the Nordic
Program, and
The County, City and Town of Snowmass Village had previously entered into an IGA,
which is now obsolete given the voter's 2006 authorization of Nordic funding by and
through the Pitkin County Open Space and Trails program, and
The City has provided the staffing, some equipment and management for the Nordic
Program ever since the afore mentioned pre-existing IGA, and
Pitkin County desires to continue relying on the City to provide staffing, general
management, and equipment for the Nordic Program while relying on POST for the
primary funding of the program, and
The parties desire that this Agreement supersedes all prior agreements regarding Nordic
funding.
AGREEMENT
NOW, THEREFORE, for in consideration of the mutual promises and agreements of the
parties and other good and valuable consideration,the adequacy of which is hereby
acknowledged,the parties agree as follows:
1. Both parties have the ability to cancel this agreement with 60 days of notice and
that all financial obligations are subject to annual appropriations. -
2. The City of Aspen Parks and Open Space Department shall provide the primary
staffing and support needed for the day to day operation and maintenance of the
Resolution D'I • 015
Page3of5
Nordic Program,provided that the County, by the mutual agreement of the parties,
provides additional labor to support the Nordic Program as needed.
3. The County shall remit payment to the City according to a payment schedule
mutually agreed by the parties.
4. The proposed annual Nordic Program budget shall be prepared in consultation
with the ASNC and the Pitkin County Open Space and Trails Board. Staff shall
have the responsibility of presenting the budget to the Nordic Council, Open
Space and Trails Board, and Board of County Commissioners in accordance with
the applicable annual County budget protocols.
5. The parties acknowledge that needs may arise for the maintenance of capital
equipment that could not be anticipated in the annual budget, due to unforeseen
failure of equipment, bridges, or other infrastructure that was purchased through
this agreement or prior agreements. Should the need for such unforeseen
expenditures arise,the responsible City staff shall immediately notify the County.
The parties agree to work cooperatively and promptly in this circumstance to
make necessary funding available to keep the Nordic Program operating while
budget revisions are processed in accordance with the applicable budget protocols.
6. The City and County agree that the County shall accept title to all snowcats
purchased in accordance with this Agreement. The County agrees to provide said
equipment to the City in order to develop, groom, and maintain the Nordic Trail
System and for related uses for and on behalf of the City and the County. The
City shall maintain all equipment leased or purchased for the Nordic Program to
acceptable and reasonable standards. •
7. The City and County recognize that there are mutual benefits to the acquisition of
certain shared vehicles, and that when appropriate, snowmobiles,trucks, cars,
trailers, and tractors may be purchased through a cost share agreement as defined
in the budget process previously described in section 2. In these cases,the City or
the County may take title depending on the predominant user of the vehicle. If
this agreement is terminated all shared equipment will be prorated and the title
owner of the shared equipment will reimburse the other party.
The foregoing Agreement is approved by the Board of County Commis ioners of Pitkin
County, Colorado at its regular meeting held on the 44 day of Li..ex v,
2015.
The foregoing Agree ent is approve by the Aspen City Council at its regular meeting
held on the /% day of V..ee„a,� .,tte✓ 2015.
Signatures on the following page:.
Resolutior.®77_ -2015
Page 4 of 5
In witness whereof the parties hereto have caused this agreement to be executed as of the
day and year first written.
BOARD OF COUNTY COMMISSIONERS
OF PITHIN COUNTY:
• :ST:
iBOARD OF COUNTY COMMISSIONERS
/ /t. //'' BY: -airy E." Chid
Jea ;tte Jones j Steven F. Child, Chair
De. ty County Cler
Date: (Z-f 6/.>v (5
APPROVED AS TO FORM: MANAGER APP t • •
MO
JO nEl, :• lore -y on Pe:--ock, County Manager
i
I
Dale + ill, Dir!ctor
Open Space and Trails
ATTEST ASPEN CITY COUNCIL
By: -e //a i)afc By: 66-e. l`c,// 4._e_
City of Aspen Clerk Steve Skadron, Mayor
Date:
APPROVED AS TO FORM MANAGER APPROVAL
Jeff Woods, City of'Asn Parks and Steve Barwick, City Manag O
Recreation Manager
Jim True, City of AsperYAttdfney
Resolution (61--2015
In witness whereof the parties hereto have caused this agreement to be executed as of the
day and year first written.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY:
ST:i/
BOARD OF COUNTY COMMISSIONERS
//r �` Wil. By: fr,tre,p) R. (kid
Jea -tte Jones i Steven F. Child, Chair
De. ty County Cler
Date: l 21.‘,I Ix (S
APPROVED AS TO FORM: MANAGER APP: ! • L
J o n El :I U 47 y on Pe:dock,County Manager
ftill r
..10
Dale ill,Dir Victor
Open Space and Trails
- - -- -- -
ATTEST ------. - -- -- --- - ASPS ITY.tri CI
BYIA_ /.A/ :ic hit'L 1 By: A •_j
City of Aspen Clerk Steve Skadro ,May
Date: r7.-17-=/5'
APPROVED AS TO FORM MANAGER APPROVAL
i /
f LA,104-0 y, e, /,
.,... ty „74,...../7
Je Is ,City of Aspen Parks and Steve Barwick, City Manager
Recreation Manager
la---- g-:-"-C--------E‹.-„,
Alin True,City of Aspen Attorney
089-2015
Resolution. . -2015
Exhibit A to Resolution
INTERGOVERNMENTAL AGREEMENT
BETWEEN PITKIN COUNTY AND THE CITY OF ASPEN
REGARDING THE NORDIC PROGRAM OPERATIONAL
FUNDING AND MANAGEMENT
THISTERGOYERNMENTAL AGREEMENT(the"Agreement")is made this
/gday of Ler,2015 by and between the Board of County Commissioners of
Pitkin County Colorado,whose address is 530 East Main St.,Aspen Colorado 81611 (the
"County"), and the City of Aspen,whose address is 130 South Galena Avenue,Aspen,
Colorado 81611 (the"City);
RECITALS
There currently exists approximately 90 km of public.nordic skiing trails("Nordic
Program")operated by staff at the City of Aspen under the direction of Pitkin County
Open Space and Trails and the Aspen Snowmass Nordic Council (ASNC), and
The Pitkin County Open Space and Trails Program("POST")was created in 1990,and
was most recently reauthorized in 2006,with new authority,effective January 1,2007,
added to the Pitkin County Home Rule Charter to provide:funding for the Nordic
Program,and
The County,City and Town of Snowmass Village had previously entered into an IGA,
which is now obsolete given the voter's 2006 authorization of Nordic funding by and
-- - -------- -- through the-Pitkin County-Open Space and Trails-program,-and - —
The City has provided the staffing, some equipment and management for the Nordic
Program ever since the afore mentioned pre-existing IGA,and
Pitkin County desires to continue relying on the City to provide staffing,general
management,and equipment for the Nordic Program while relying on POST for the
primary funding of the program,and
The parties desire that this Agreement supersedes all prior agreements regarding Nordic
funding.
AGREEMENT
NOW,THEREFORE,for in consideration of the mutual promises and agreements of the
parties and other good and valuable consideration,the adequacy of which is hereby
acknowledged,the parties agree as follows:
1: Both parties have the ability to cancel this agreement with 60 days of notice and
that all financial obligations are subject to annual appropriations.
2. The City of Aspen Parks and Open Space Department shall provide the primary
staffing and support needed for the day to day operation and maintenance of the
089-2015
Resolution -2015
Page3of5
Nordic Program,provided that the County, by the mutual agreement of the parties,
..
provides additional labor to support the Nordic Program as needed.
3.. The County shall remit payment to the City according to a payment schedule
mutually agreed by the parties.
4. The proposed annual Nordic Program budget shall be prepared in consultation
with the ASNC and the Pitkin County Open Space and Trails Board: Staff shall
have the responsibility of presenting the budget to the Nordic Council,Open.
Space.and Trails Board,and Board of County Commissioners in accordance with
the applicable annual County budget protocols.
5. The parties acknowledge that needs may arise for the maintenance of capital
equipment that could not be anticipated in the annual budget,due to unforeseen
failure of equipment,bridges, or other infrastructure that was purchased through
this agreement or prior agreements. Should the need for such unforeseen
expenditures arise,the responsible City staff shall immediately notify the County.
The parties agree to work cooperatively and promptly in this circumstance to
make necessary funding available to keep the Nordic Program operating while
budget revisions are processed in accordance with the applicable budget protocols.
6. The City and County agree that the County shall accept title to all snowcats
purchased in accordance with this Agreement. The County agrees to provide said
equipment to the City in order to develop,groom,and maintain the Nordic Trail
System and for related uses for and on behalf of the City and the:County. The
City shall maintain all equipment leased or purchased for the Nordic Program to
acceptable and reasonable standards.
7. The City and Countyrecognize that there are mutual benefits to the acquisition of
certain shared vehicles,and that when appropriate,snowmobiles,trucks,cars,
trailers,and tractors may be purchased through a cost share agreement as defined
in the budget process previously described in section 2. In these cases,the City_or______
the County may take title depending on the predominant user of the vehicle. If
this agreement is terminated all shared equipment will be prorated and the title
owner of shared equipment will reimburse the other party.,
The foregoing Agreement is approved by the Board of County Commi loners of Pitkin
County,Colorado at its regular meeting held on the g {.. day of , C:art/,x e Y,
2015.
The foregoing Agreement is approved by the Aspen City Council at its regular meeting
held on the /9 day of 6te,e r rr,{✓2015.
Signatures on the following page:
089-2015 �s
Resolution D4_ -2015
Page 4 of 5
) In witness whereof the parties hereto have caused this agreement to be e);ecuteci.as of the
day ear first written.
BOARD OF COON**COMMISSIONERS
N COUNTY:
-BOARD OF COUNTY COMMISSIONERS
// 1 .-_
-01 - ,By: ‹tUirtm:: (lact
Jea 'Steven'F,ChIld, Chair
- ,
De. ,.ty County Cler
Date: (24 6/_.xx
APPROVED AS TO FORM: IMANAPERAFF '
L
. .
a n ,11_,1 1411\.ra' II -y • n Pe; 661c; -iiiiiiitYMinager
.
•
-; 01'6'
Dale' ill,bir'ctor
''..) Open Space and Trails
•
•
ATTEST ASPE . -ITY CI
•
By Ai Aoki. - BY:
City:of 4p4ri clerk Steve'SkaatOPT,May.
Date:
APPROVED AS TO FORM MANAGER APPROVAL
Je is, /11, 1
f p
Cityof Ap-or!Patio and Steve Barwick, City Manager
ReoreAtiPliMa4aget
•
•
City of Aspen Attorney
089-2015 •
Re-sot:09h
•
RESOLUTION#141
(Series of 2015)
A RESOLUTION OF ME CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ASPEN AND THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY REGARDING THE NORDIC
PROGRAM OPERATIONAL FUNDING AND MANAGEMENT.
WHEREAS, there has been submitted to the City Council an
intergovernmental agreement for the continued operation and funding of the
Nordic ski trails program between the City of Aspen and the Board of County
Commissioners of Pitkin County, a true and accurate copy of which is attached
hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the
intergovernmental agreement for the Nordic program operational funding
and management between the City of Aspen and the Board of County
Commissioners of Pitkin County, a copy_of_which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager and Mayor
to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPT-FAY th- #ity Coun il f the City of
Aspen on the 14th day of December 2015.
IFF Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, December 14, 2015.
IL
6ALIA 1 / a
inda Manning, Ci y Clerk