HomeMy WebLinkAboutbocc.res.051.2017 r',ONTRACT#)4( "1
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RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS ("BOCC")OF PITKIN COUNTY,
COLORADO,APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN
PITKIN COUNTY ("PITKIN") AND THE CITY OF
ASPEN("ASPEN")FOR MANAGEMENT AND
MONITORING OF COUNTY-OWNED PARKING LOT'S
AT BUTTERMILK
RESOLUTION NO. cc / 2017
RECITALS:
1. Pursuant to Title 29, Article I, part 2, Colorado Revised Statutes, as amended(the
"Intergovernmental Relations Statutes"1 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.
2. Pursuant to Section 2.8 3 (Actions) of the Pitkin County Rome 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.
3. Pitkin County("Pitkin") and City of Aspen("Aspen")wish to enter into an
intergovernmental agreement for the purposes of management and monitoring
County-owned parking lots at Buttermilk and;
4. Both Pitkin and Aspen are governments authorized to enter into agreements
pursuant to C R.S §29-1-203 for purposes including the provision of any
function. sen ice, or facility lawfully authorized to each:and
5. The BOCC finds that n is in the best interests of the citizens of Pitkin and Aspen
to enter into this agreement in order to ensure the commuting convenience and
remote parking opportunities of the citizens of both jurisdictions
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 the City of Aspen in substantially the same tbrm
satisfactory to the County Attorney. and authorizes the Chair or designee,to sign the
resolution and the agr cement on behalf of the County.
1
INTRODUCED AND FIRST READ ON THE. / (�' DAY OF dAt-Lt , 2011
AND S T FOR SECOND READING AND PUBLIC HEARING ON THEA Nom' DAY
OF (�(/IA.L _ 2017.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUNLMARY OF TIIE
RESO ION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE /g14-_DAY
OF Ily.t . 2017.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
PBS FED ON THE OFFICIAL ITKLN COUNTY WEBSITE(www.pitkincounty com)
ON THE J.jth` DAY OF Int,`e. 2017
ADOPTED J�\FTER FINAL READING AND PUBLIC HEARING ON THE CS
DAY OF_ i l 14u. 2017,
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE ba DAY OF uItj -_. 2017.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIM. PITKIN COUNTY
WEBSITE (wwtivpitkincounlv.com ) ON THE ;On:_DAY OF - AT/NA-.. 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
nt L, /
By i '..w _ By: Hike, �p1� Gl/�
Jn/t e Jones George Nev.-ba , Ch: t
ENTy County Cler
Dale: // O (]
APPROVED AS TO FORM: MANAGER A ROPAI.
Jon Pe cock, County M ager
L4.40-4 Malta✓, "IssbiMn1 /h(�/
6047o ✓
2
CONTRACT# �
INTERGOVERNMENTAL AGREEMENT FOR MANAGEMENT AND MONITORING
OF COUNTY-OWNED PARKING LOTS AT BUTTERMILK BETWEEN THE CITY OF
ASPEN AND PITKIN COUNTY
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement') is made this
? .aay of �e} Ul tt, 2017 by the BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY,bO )RADO("Pitkin"),whose address is 123 Emma Road,Suite 106,Basalt,
Colorado 81621 and the CITY OF ASPEN,COLORADO("Aspen").whose address is 130 South
Galena Street Aspen, Colorado 81611, Pitkin and Aspen maybe referred to herein collectively as
the"Parties."
RECITALS
L This Agreement is entered into pursuant to, inter alio,CR S. § 29-1-201,et seq..
and Article XIV, Section 18 of the Colorado Constitution.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and agreements of the
parties and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,the parties agree as follows.
2 Term. The term of this Agreement is from June 2017 to June 2018 and will
automatically renew annual for five years.
3. Aspen's Obligations
Assist Pitkin with informational parking signs, lot delineation and meter installation by
providing at least two parking meters thr lot"B"(see Exhibit A)and determining the hest location
for meters, language on signs and lot delineation placement. Aspen will also provide the
application for customers to pay by phone. Repair parking meters as needed
Issue parking permits for commercial/construction staging lot "C" as outlined in the
Buttermilk Parking Management Plan(Exhibit--B") Monitor and ensure compliance with issued
parking pemuts and ensure no offensive activities occur as a result of issued
commerciaitonstruction parking permits.
Allocate 50 percent of a parking attendant for eight months(April through November)to
monitor and manage the county-owned Buttermilk parking areas as outlined in Exhibit A Ticket
and tow (remove)unlawfully parked cars, equipment and materials as needed to comply with the
Buttermilk Parking Management Plan. Parking area monitoring shall occur on a daily basis Share
50 percent of parking meter and parking permit revenue with the Pitkin. Allocate 100 percent of
parking ticket revenue with Pitkin. Provide revenue sharing payments to Pitkin every 30 days.
Provide monthly reports on parking utilization and meet with Pitkin representatives as needed to
effectively manage the parking areas. Make recommendations for changes to the parking plan and
participate in implementing the changes.
Coordinate with Pitkin on authorizing special event use of lot"B" by assisting to delineate
parking areas reserved(and pre-paid)by special event organization.
4, Pttkin's Obligations.
Install parking meters provided by Aspen. Create and place parking sibms as determined
through collaboration with Aspen. Delineate parking lots as outlined in Exhibit A and determined
must effective through collaboration with Aspen
Provide funding to Aspen for 50 percent of the salary plus benefit cost of a parking
attendant for eight months of parking monitoring and management needs (April through
November). Submit payments for salary plus benefit cost(50%)of attendant every 30 days. Share
50 percent of parking meter and parking permit revenue with Aspen. Meet regularly as needed
with Aspen on parking management. Evaluate parking plan success and collaborate with Aspen
on parking changes; implement agreed to changes.
Coordinate with Aspen on authorizing special event use of lot"B"by assisting to delineate
parking areas reserved(and pre-paid) by special event organization
5. Assignability, This agreement is not assignable by either party.
6 Modification. This Agreement may be changed or modified only in writing by an
agreement approved by the respective Boards of the Governments and signed by authorized
officers of each party. 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.
7. 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.
8 Notices Any notice required or permitted under this Agreement shall he in writing and
shall be hand-delivered or sent by registered or certified regular mail,postage pre-paid and
via e-mail (electronic delivery) to the mailing and e-mail addresses set firth 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.
To: Pitkin County With copies to:
Brian Pettet
Director of Public Works Pitkin County Attorney's Office
76 Service Center Road 123 Emma Road 11204
Aspen,CO 81623 Basalt,Colorado 81621
Brian.pettet(ulpitkincounty.com attorney@pitkineounty.com
Mitch Osur With copy to:
Parking Director City of Aspen Attorney's Office
455 Rio Grande Place 130 South Galena
Aspen,CO 81611 Aspen,CO 81611
9. Government Immunity The parties agree and understand that both parties are
relying on and do not wait e. 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 The Parties agree to hold each other
harmless for any loss,damages,expense,cost or claims of any character or any nature arising out
of Buttermilk parking management as contemplated in this agreement.
10. Current Year Obligatiops. 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 appropnate 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 either or both
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 either parties' bonds or any
obligations payable from any class or source of each individual party's money.
17 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.
12. 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 Each party to this Agreement shall have standing to bring an action to
enforce the terms of this Agreement in District Court,including an action for specific performance
and injunctive relief.
13. Attorney's 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's tees
14 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
The foregoing Agreement is approved by the Boyrd of County):ommissioners of Pitkin
County, Colorado at its regular meeting held on the PC"'day of r Li}I'C__2017.
The foregoing Agreement is approved by the City of Aspen,Colorado at its regular meeting
held on the [Ga day of e)14 2017.
In Witness whereof, the parties hereto have caused this agreement to be executed as of the day
and year first above written
City olAspen
By: — — — ATTEST:
[Title]
APPROVED AS TO FORM: t %�
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AT I EST:
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le' etre Jones, Depu County Clerk George New an, Chat
APPROVED AS TO FORM:
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Exhibit 13
County-owned Parking Areas at Buttermilk Management Plan
In the year 2000 the Colorado Department of Transportation and Pitkin County condemned
23.4 acres near the Buttermilk Ski Area for the purposes of expanding transportation
infrastructure in service to and for State Highway 82. The Stapleton Lots were specifically
condemned for multimodal transit and recreation facility parking purposes. Pitkin County
recently gained sole ownership of the parking areas.The lots were recently paved,which
provided 347 parking spaces.
The following parking area management plan has been put in place to more fully utilize the
parking areas and create parking that would more effectively meet community needs Parking
area allocation may change based on transit user parking needs. Parking rates may be adjusted
by County Staff based on market demands(and after consultation with the City of Aspen
Parking Director) by no more than+/-25%from currently approved rates.
The following designations reference parking areas as delineated in the attached map for the
parking areas:
No camping or sleeping in vehicles wilt be permitted in any of the areas.
Parking Area A(50 spares)
24 hour free parking (intended for transit users).
No parking meter and monitored throughout the day.
Parking Area B(103 spaces)
96 hour permit vehicle parking$6.00 per day
Metered parking with enforcement
Up to 70 percent of this parking area may be reserved(at the County's discretion and with pre-
payanent for all spaces) for special events
Parking Area C(174 car spaces)
5 day commercial/construction staging
$40 per day(up to 4 parking spaces).
$180 per week(up to 4 parking spaces)
$550 per month(up to 4 parking spaces).
$3500 for summer season(up to 4 parking spaces).
Annual or temporary permitting with special evens, commercial or construction companies.
Parking Area D(20 spaces)
Day use only. Free traithead parking.
No parking meter and monitored through the day.
RESOLUTION 1/99
(Series of 2017)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ASPEN AND PITKIN COUNTY AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF
THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an
intergovernmental agreement for the management and monitoring of county- '
owned parking lots at Buttermilk between the City of Aspen and 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,
Thai the City Council of the City of Aspen hereby approves that
Intergovernmental Agreement for the management and monitoring of county-
owned parking lots at Buttermilk between the City of Aspen and Pitkin County a
copy of which is annexed hereto and incorporated herein, and does hereby
authorize the City Manager to execute said agreement on behalf of the City of
Aspen.
INTRODUCED, READ AND ADOPTED b the City Council of the City of
Aspen on the 10th day of July 2017.
/-'
Steven kadro , 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 July 10. 2017.
Linda Manning, City Clerk/
INTERGOVERNMENTAL AGREEMENT FOR MANAGEMENT AND MONITORING
OF COUNTY-OWNED PARKING LOTS AT BUTTERMILK BETWEEN THE CITY OF
ASPEN AND PITKIN COUNTY
THIS INT— GOVERNMENTAL AGREEMENT (the "Agreement") is made this
/dr' day of U( 2017 by the BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY,COIpRADO("Pitkin"),whose address is 123 Emma Road,Suite 106,Basalt.
Colorado 81621 and the CITY OF ASPEN, COLORADO("Aspen").whose address is 130 South
Galena Street Aspen, Colorado 81611. Pitkin and Aspen may be referred to herein collectively as
the"Parties"
RECITALS
I. This Agreement is entered into pursuant to, utter aha, C R.S. § 29-1-201,el seq
and Article XIV, Section IS of the Colorado Constitution.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and agreements of the
parties and other good and valuable consideration,the receipt and sufficiency of which is hereby
acknowledged,the parties agree as follows'
2. Term. The term of this Agreement is from lune 2017 to June 2018 and will
automatically renew annual for five years.
3 A&s en's Agreement to Manage and Monitor Buttermilk Parking Lots
Aspen agrees to manage and monitor the County owned parking lots at Buttermilk ski area.
Such management and monitoring shall include the following obligations:
Assist Pitkin with informational parking signs, lot delineation and meter installation by
providing at least two parking meters for lot"B"(see Exhibit A)and determining the best location
for meters, language on signs and lot delineation placement. Aspen will also provide the
application for customers to pay by phone. Repair parking meters as needed
Issue parking permits for commercial/construction staging lot "C" as outlined in the
Buttermilk Parking Management Plan (Exhibit "B"). Monitor and ensure compliance with issued
parking permits and ensure no offensive activities occur as a result of issued
commercial/construction parking permits.
Allocate 50 percent of a parking attendant for eight months (April through November) to
monitor and manage the county-owned Buttermilk parking areas as outlined in Exhibit A. Ticket
• and tow(remove) unlawfully parked cars, equipment and materials as needed to comply with the
Buttermilk Parking Management Plan. Parking area monitoring shall occur on a daily basis. Share
50 percent of parking meter and parking permit revenue with the Pitkin. Allocate 100 percent of
parking ticket revenue with Pitkin. Provide revenue sharing payments to Pitkin every 30 days.
Provide monthly reports on parking utilization and meet with Pitkin representatives as needed to
effectively manage the parking areas. Make recommendations for changes to the parking plan and
participate in implementing the changes.
Coordinate with Pitkin on authorizing special event use of lot"B"by assisting to delineate
parking areas reserved(and pre-paid) by special event organization.
4 Pitkin's Obligations
As a condition of this agreement. Pitkin shall have the following obligations:
Install parking meters provided by Aspen. Create and place parking signs as determined
through collaboration with Aspen. Delineate parking lots as outlined in Exhibit A and determined
most effective through collaboration with Aspen.
Provide funding to Aspen for 50 percent of the salary plus benefit cost of a parking
attendant for eight months of parking monitoring and management needs (April through
November).Submit payments for salary plus benefit cost(50%)of attendant every 30 days. Share
50 percent of parking meter and parking permit revenue with Aspen Meet regularly as needed
with Aspen on parking management. Evaluate parking plan success and collaborate with Aspen
on parking changes: implement agreed to changes.
Coordinate with Aspen on authorising special event use of lot"B"by assisting to delineate
parking areas reserved (and pre-paid)by special event organization
5. Assignability. Ibis agreement is not assignable by either party.
6 Modification. This Agreement may be changed or modified only in writing by an
agreement approved by the respective Boards of the Governments and signed by authorized
officers of each party 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.
7. 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.
8. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be hand-delivered or sent by registered or certified regular mail, postage pre-paid to the
addresses of the parties as follows. Each party by notice sent under this paragraph may change the
address to which future notices should be sent. Electronic delivery of notices shall also be deemed
sufficient and considered delivered upon receipt of confirmation of delivery on the part of the
sender.
To: Pitkin County With copies to:
Brian Pettet .
Director of Public Works Pitkin County Attorney's Office
76 Service Center Road 123 Emma Road 4204
Aspen,CO 81623 Basalt,Colorado 81621
Brfan.nettctapitkincoumv corn
Mitch Osur With copy to:
Parking Director City of Aspen Attorney's Office
455 Rio Grande Place 130 South Galena
Aspen, CO 81611 Aspen,CO 81611
9. Government Immunity. The parties agree and understand that both 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-I01,et seq.,as from time to time amended or otherwise available to
the parties or any of their officers, agents, or employees. The Parties agree to hold each other
harmless for any loss,damages,expense,cost or claims of any character or any nature arising out
of Buttermilk parking management as contemplated in this agreement.
10. 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 either or both
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 either parties' bonds or any
obligations payable from any class or source of each individual party's money.
I I. 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.
12. Agreement made in Colorado. This Agreement shall be construed according lo the
laws of the State of Colorado, and venue for any action shall be in the District Court in and for
Pitkin County, Colorado. Each party to this Agreement shall have standing to bring an action to
enforce the terms of this Agreement in District Court,including an action for specific performance
and injunctive relief.
13. Attorney's 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's fees.
14. 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
The foregoing Agreement is approved by the Board of Countyt5^nmmissioners of Pitkin
County,Colorado at its regular meeting held on the 7.64,1_ Jay of _ - Ls it'-C- 2037.
The foregoing AgreemFnt is approved by the City of Aspen,Colorado at its regular meeting
held on the, 1(7 day of , ItA�U 2017.
In Witness whereof,the parties hereto have caused this agreement to be executed as of the day
and year first above written. -
City of Aspen
i
By: A . !'�-� Attest:
Ste,-n Ska.ro ,Mayor
Linda Manning,g,City Clerk