HomeMy WebLinkAboutbocc.con.266.2017 - BOCC CONTRACT0 )0l?
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS("BOCCI OF PITKIN COUNTY,
COLORADO,APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN
PITKIN COUNTY("PITKIN") AND THE CITY OF
ASPEN("CITY")AND TERMINATING ANY PRIOR
INTERGOVERNMENTAL AGREEMENT(S)
REGARDING JOINT OPERATIONS OF THEIR
RESPECTIVE COMMUNITY DEVELOPMENT
DEPARTMENTS
RESOLUTION NO. / -2017
RECITALS:
I. Pursuant to Title 29, Article I.part 2,Colorado Revised Statutes, as amended (the
-Intergovernmental Relations Statutes-) and Article XIV, Section 15 of the
Colorado Constitution,go ernments may contract with one anothei to provide any
function, service or facility lawfully authorized to each of the contracting units and
any such contract may provide for the joint evcrcise of the function, service of
facility, including the establishment of a separate legal entity to do so,
2 Pursuant to Section 2.8 3 (Actions)of the Pitkin County Home Rule Charter
("HRC") official action by Banal resolution shall he required for all actions of the
Board not requiring ordinance power on matters of significant importance affecting
citizens.
3. Pitkin County("Pitkin") and the City of Aspen ("City") wish to enter into an
Intergovernmental Agreement(' IGA") for the purposes of outlining services of the
City and County Community Development Departments as follows.
• Improve the economic efficiency, staff productivity, and overall
sen ices of the individual Community Development Departments of
the City and County
• Facilitate clear communication and efficient planning and building
functions among all staff assigned to the City and County
Community Development Departments
• Strive lhr uniform interpretation and implementation of laws, rules
and regulations of the City and County when appropriate and feasible
• Facilitate the Building Departments'joint long range goals; and
4. Pitkin and the City intend that the staff member of each Community Development
Department shall continue to cooperate w ith each other to implement policies and
procedures that shall adv anee the purposes in the IGA, and
5, Both Pitkin and City ale go%emmcnts authorized to enter into an IGA pursuant
to ( R S. h 29-1-203 liar purposes meludmL' the rum nom of any function.
service. or lacdtty Iax tull> au:hot n d to CACII.and
t. The BOCC finds that it is in the best interest of the citizens of Pitkin and the
City to enter into this IGA
NOW, 7 litFRI.FORF. Bt IT RESOL l ED by the Board of County Commi..ioners of
Pitkin County, Coot ado that• Pitkin County is authorized to cuter into an IGA with the
City of Aspen in substantially the same firm satisfactory to the County Auomey, and
further authorvcs termination of any prior K i rcearding the Joint ()pet ation of the
County and City Communih Development Departments, and Iurthet. authorizes the
Chair or its designee. to sups the r esolut ion and the agreement on behalf til the County
INTRODUCED AND FIRST READ ON THE 7 '" DAY OF /J 6's Y , 2017
ANDS FOR SECOND READING AND PUBLIC HEARING ON T�.3"r DAY
OF U bs h 2017
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESO UTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 1C C1, DAY
OF U ey f , 2017
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIAL P TKIN COUNTY WEBSITE(www.pitkmcounty corn)
ON THE //fit DAY OF 2017.
ADOPTED TER FINAL READING AND PUBLIC HEARING ON THE g3'xt
DAY OF b SP 2017.
PUBLISHED BY TITLE AND SHORT SUMMARY, ATE�R/,vADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE r/°t' DAY Y OF ,�.[, urS.7, 2017.
POSTED BY TITLE AND SHORT SUMMARY ON THEOFFICIA PITKIN COUNTY
WEBSITE (www.nitkincounty com) ON THE 'OnDAY OF v o f 2017
AT . T. BOARD OF COUNTY COMMISSIONERS
By ,i � d ) BY' LPLN.V., l.t- & 6+1 )
Jeane e Jones I George Newman, Chair
Depu#, County Clerk
Date 08-a5- /7
APPROVED AS TO FORM: MANAGER APPROVAL
_John Ely,County Attorney07 n Pea ock, ounty Manager
CONTRACT# P 7
•
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY
AND THE CITY OF ASPEN REGARDING THE DISPOSITION OF THE
MUTUAL COVERAGE SERVICES AND COSTS BETWEEN THE
COMMUNITY DEVELOPMENT DEPARTMENTS
PARTIES
THIS INTERGOVERNMENTAL AGREEMENT(the "Agreement") is made this
Q day of\Nta 2017—by and between the BOARD OF COUNTY
COMMISSIONERS OF PITK IN CO Y(hereinafter referred to as"County"), and the
CITY OF ASPEN(hereinafter referred to as"City").
RECITALS
1 This Agreement is entered into pursuant to,infer alia, C.R.S §§ 29.1-201, es
seq, and Article XIV, Section 18 of the Colorado Constitution.
AGREEMENT
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:
1. Termination of Prior Intergovernmental Agreement. The parties hereto
terminate any prior Intergovernmental Agreement regarding the joint operations of their
respective Community Development Departments.
2. Purpose. The purpose of this Agreement is to continue to provide the best
customer service to the public of both the City and County Community Development
Departments.This Intergovernmental Agreement is designed and intended to.
• Improve the economic efficiency, staff productivity, and overall services
of the individual Community Development Departments of the City and County.
• Facilitate clear communication and efficient planning and building
functions among all staff assigned to the City and County Community Development
Departments.
• Strive for uniform interpretation and implementation of laws, rules and
regulations of the City and County when appropriate and feasible.
• Facilitate the Building Departments'joint long range goals
The parties hereto intend that the staff members of each Community Development
Department shall continue to cooperate with each other to implement policies and
procedures that shall advance the purposes set forth above.
City/County ComDev IDA-Page I
3 City and County Cooperative Efforts. It is the intent of the parties hereto
to continue to create a working environment for all personnel of the individual City and
County Community Development Departments which is conducive for harmonicas,
cohesive and unified team work whenever practical for the provision of services to the
public and other departments of the City and County. Accordingly, the parties agree to
continue to work cooperatively in the provisions of services by the individual Community
lkve:opmcnt Departments and specifically agree to cooperate and coordinate in the
following areas of joint interest:
A. Building Codes. The Chief Building Officials may co-author
Building Code and Budding Code-related adoptions and amendments when
appropriate and feasible. This is intended to serve the contractor and design
community by helping the plan review and field inspection process to be as
consistent between the City and County as possible. The City and County shall
strne to coordinate the timing of building code and building code-related change
adoptions so that the effective dates are as concurrent as possible.
B. Contractor Licensing Program. The City shall perform the
contractor licensing and BEST card certification functions fur both the City and
County. The County shall require that all of its contractors have a City-issued
license/BEST card The City will provide the County with updated
licensing/certification information on a daily basis, as appropriate. The City shall
retain all revenues for licensing/certification and be responsible for all expenses
associated with the cost of performing said services. Both City and County Chief
Building Officials shall retain their right to revoke a contractor's license or to
initiate a show cause hearing for license review.
C. Office Space. The City shall provide office space,at no charge,to
the County Community Development Department on the third floor of City Hall
in the current amount and general configuration on the condition that
microwaving fish sticks is strictly prohibited. Each party shalt maintain one or
more conference rooms within their respective space. Conference rooms may be
used by either party as needed and according to administrative policies for
reserving the rooms. Overflow office needs shall be the responsibility of and
direct costs to the individual party.
The City shall pay for general upkeep and maintenance of the third floor office
space Costs for office furniture shall be the direct responsibility of the individual
party unless otherwise agreed to by the Department Directors.
D. Office hours. The third floor of City Hall shall be open to the
public during the hours of 8 AM to 4:30 PM Monday through Friday, except
holidays. Each jurisdiction can set internal hours of availability for services, but
recognizes 8 AM to 4.30 PM Monday through Friday as the hours the public can
access the department by the front door and elevator.
Gly/County CnmDev 1GA Page 2
4 Financial Reconciliation Any expenses that win cause an unforeseen
financial burden or incur a cost impact on the iGA participants must be agreed upon and
receive prior written approval to proceed from both Community Development Directors.
5. Effective Date, Annual Renewal, and Termination of this Agreement.
This agreement shall become effective on the above-stated date ft is agreed that both
jurisdictions shall re-evaluate the terms of this agreement at the end of each calendar year
to determine whether or not changes need to be made. This agreement shall automatically
be renewed, if changes are not made, for successive one-year periods thereafter Either
party hereto may terminate all or part of this agreement with ninety (90) days written
notice
6 Assignability. This agreement is not assignable by either party.
7. 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.
8. Entire Agreement. This Agreement constitutes the entire Agreement
between the panics and all other promises and agreements relating to the subject of this
Agreement,whether oral or written,are merged herein.
9. 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
10. Notices. 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 and via e-mail (electronic delivery) to the mailing and e-mail 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: With Copies to:
Board of County Commissioners Pitkin County Attorney's Office
do Brian Paw! 123 Emma Road,Suite 204
Pitkin County Community Basalt,-CO 81621
Development Department attornegu pitkincounty.cum
130 S. Galena Street
Aspen,CO 81611 With Copies to:
City of Aspen Attorney's Office
130 S.Galena Street
Aspen,CO 81611
City of Aspen,Colorado jim,truea`cityofaspencom
do City Manager City/County Comber(GA-Page 3
1305.Galena Street
Aspen,Colorado 81611
Steve.barwick(r2eitvofaspen.eom
11. Government Immunity. The parties agree and understand that both panics
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.
i2. 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
13. 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
Id. 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.
15.Attorney's Fees.In the event that legal action is necessary to enforce any of the
pmvisionsof 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.
)6 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 County Commissioners of
Pitkin County, Colorado at its regular meeting held on the day of
2017.
The foregoing Agreement is approved by the City of Aspen, City Council at its
regular meeting held on the __day of 2017.
Cay/County Comflev IGA-Page 4
CITY OF AS'E , ti O••• Ii
By' alb
SteverrSkadr.n,Mayor
Manager Approval: //�J
By_ iyy'7,, -..tet"
Steve Barwick,City Manager
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,rNCOLORADO
, //
P Chair
Manager Approval
. 4011111111.Jon Pea , ,County Manager
APPROVED AS TO FORM:
John Ely,Pitkin County Attorney aures R. True,City of Aspen Attorney
City/County ComDev IGA-Page 6
RESOLUTION 3
(Series of 2017)
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ASPEN,COLORADO, AND THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO,
REGARDING BUILDING SERVICES OF THE CITY AND COUNTY
COMMUNITY DEVELOPMENT DEPARTMENTS.
WHEREAS, there has been submitted to the City Council an Intergovernmental
Agreement between the City of Aspen and the Board of County Commissioners of Pitkin
County regarding building services of the City and County Community Development
Departments
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN,COLORADO:
Section I.
That the City Council of the City of Aspen hereby approves the Intergovernmental
Agreement with the Pitkin County Board of County Commissioners regarding building
services of the City and County Community Development Departments, in the form
attached hereto,and does hereby authorize the Mayor and the City Manager of the City of
Aspen to execute said agreement on behalf of the City of Aspen upon final approval by
the Community\D_eveloppment Director, City Manager,and City Attorney
Dated: Z311 uyniT
Steven Ska.ion. Ma
V
I, Lirida 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 January 9, 2017.
Si Ai
•
Linda Manning,City Clerk
Attachments
A—Intergovernmental Agreement with Pitkin County BOCC