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EMERGENCY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS(44 cked
OF PITKIN COUNTY, COLORADO APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE CITY OF ASPEN FOR THE UPPER ROARING FORK
RIVER MANAGEMENT PLAN PROJECT
RESOLUTION NO. .1)41 -2016
1. The Board of County Commissioners of Pitkin County under the authority granted
pursuant to C.R.S. § 29-1-201 and Article XIV, Section 10 of the Colorado Constitution
is hereby entering into an Intergovernmental Agreement with the City of Aspen.
2. Aspen City Council determined that the development of a river management
plan to identify operational or management techniques or physical projects that could
improve the health of the Roaring Fork River in the stretch that flows through the
City limits is a priority goal.
3. The Upper Roaring Fork River Management Plan Project (the "Project")
forms a stakeholder group to identify river management goals for various sections of
the River and establishes targets to meet those goals, including actions, regimes,
operational parameters,partnerships, techniques and projects.
4. The City will be responsible for the Project, entering into the Project contract,
and through its Project Manager, for the managing, creating and overseeing of Project
schedules and any actions necessary for successful completion of the Project scope.
5. The County will participate in the Project, assisting the City in maintaining the
Project schedule, attending meetings, providing comments, feedback and direction,
and coordinating with stakeholders and the Project Manager regarding the Project
scope.
6. Funding for this project will be provided by each party, at an equal split(50% by
the County, 50% by the City) in an amount not to exceed $100,000 by either party
without consent. Pitkin County funding will be appropriated in equal amounts from Open
Space and Trails and Healthy Rivers funds.
7. The purpose of this Intergovernmental Agreement is to authorize the County to
reimburse and pay for City services and expenditures associated with the Upper Roaring
Fork Management Project, as those are identified in the Agreement.
8. The terms of the Agreement are set forth,and the Chair(or Chair's designee)
shall be authorized to execute an Intergovernmental Agreement in substantially the form
approved by the County Attorney.
9. The Board of County Commissioners has determined that it is in the best interest
of the citizens of Pitkin County to enter into this Intergovenunental Agreement.
NOW,THEREFORE,BE IT RESOLVED that the Board of County
Commissioners of Pitkin County,Colorado:
I. Approve an Intergovernmental Agreement between Pitkin County and the
City of Aspen concerning the Upper Roaring Fork River Management Plan Project and;
2. Authorize and direct the Chair(or Chair's designee)to execute an
Intergovernmental Agreement in substantially the form approved by the County Attorney.
INTRODUCED,READ AND ADOPTED AS AN EMERGENCY RESOLUTION ON
THE 25r' DAY OF MAY 2016 AND SET FOR CONFIRMATORY PUBLIC
HEARING ON THE 22N0 DAY OF JUNE 2016.
CONFIRMATORY PUBLIC HEARNG CONTINUED TO THE 13TH DAY OF JULY
2016.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT
SUMMARY OF THE EMERGENCY RESOLUTION PUBLISHED TN THE ASPEN
TIMES WEEKLY ON THE 5!i& DAY OF JUNE 2016.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE
RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE
www.oitkincountv.com ON THE 3LR{"DAY OF 2016.
CONFIRMED AT A CONFIRMATORY PUBLIC HEARING ON THE 131/1 DAY OF
JULY 2016.
PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER CONFIRMATORY
P LIC HEARING,IN THE ASPEN TIMES WEEKLY ON THE 31a DAY OF
�Vl � ,2016.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN
COUN')'Y WEBSITE www.oitkincountv.com ON THE /Ya- DAY
OF � y� 2016.
THIS EMERGENCY RESOLUTION IS EFFECTIVE ON MAY 25,2016.
2
ATTEST: BOARD OF COUNTY COMMISSIONERS
BY Al[ )/ 'i Jo By: U& -
Je= !-tte Jones
Deputy County Cle R CLapen-
Date:'S-3 20/ 6
APPROVED AS TO FORM. MA GOER PR•VAL
0•••••_' r //
John FrIy, Coun . " •mey, on Peacoc C:unty 1V1er
i
3
CONTRACT
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INTERGOVERNMENTAL AGREEMENT
BETWEEN PITKIN COUNTY AND CITY OF ASPEN FOR
UPPER ROARING FORK RIVER MANAGEMENT PLAN PROJECT
This Intergovernmental Agreement ("Agreement") is made thisgh day of
2016 by and between the Board of County Commissioners of Pitkin County, Co orado
("County') and the City of Aspen ("City"),jointly referred to herein as "the Parties.
RECITALS
1. The City Council identified the development of a river management plan as one of its .
Top Ten Goals in the summer of 2015. The purpose of the river management plan is
to identify operational or management techniques or physical projects that could
improve the health of the Roaring Fork River in the stretch that flows through the
City limits.
2 The City created the Upper Roaring Fork River Management Plan Project ("Project")
with a scope of work that includes forming a stakeholder group to identify river
management goals for various sections of the River; identifying targets that will meet the
goals set by the stakeholder group; identifying river management actions, regimes,
operational parameters,partnerships,techniques or projects that can meet targets.
3. In the spring of 2016, the City and the County requested and reviewed proposals and
selected a consulting team to complete the Project.
4. The agreed upon scope of work for the project is included within Attachment A of
the contract, effective upon City Council approval.
5 The funding for this project will be provided by each party, at an equal split (50% by the
County, 50% by the City) at an amount not to exceed $100,000 by either party without
consent beyond this Agreement.
6. The purpose of this Agreement is to authorize County to reimburse and pay for City
services and expenditures associated with the Upper Roaring Fork Management Project,as those
are identified in this Agreement.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual promises 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:
ARTICLE I—TERMS
I. Term. The term of this Agreement will be effective from the day and year first above
written through December 31, 2017, unless terminated or extended under the provisions of this
Agreement.
2. Assignability. This agreement is not assignable by either party.
3. 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.
4. Entire Agreement. 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.
5. 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.
6. 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:
Board of County Commissioners of Pitkin County Attorney's Office
Pitkin County 530 E. Main Street,Ste. 302
530 E. Main Street, 3`d Floor Aspen, Colorado 81611
Aspen,Colorado 81611 John.Elv(apitkincounty.com
To: City of Aspen:
City Attorney's Office
City of Aspen
130 S. Galena St.
Aspen, Colorado 81611
6. 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. 24.10-101, et seq., as from time to time amended or otherwise available to the parties or
any of their officers, agents, or employees.
7. 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.
8. 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.
9. 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
10. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Lease, 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.
ARTICLE II-OBLIGATIONS
The Parties plan to study the Upper Roaring Fork River, from its headwaters to a point just
below the confluence with Maroon Creek. The ultimate goal for the project is to develop a Plan
that outlines operational, management,and physical options that improve the health of the river
while respecting each stakeholder's rights and interests. Implicit to this primary goal are the
following:
I. Form a stakeholder group to identify river management goals for various sections of the
river.
2. Identify targets that will meet the goals set by the stakeholder group.
3. Identify river management actions, regimes, operational parameters, partnerships,
techniques or projects that can meet targets.
Decisions regarding goals, metrics, scenario planning, management and projects will be reached
through consensus of the stakeholder group.
The Parties intend that by determining valuable attributes of the river, we can work together as a
community to lessen impairment and improve water quality,river health, ecological health,
recreational opportunities,and riparian habitat in ways that closer meet the community's goals.
The Parties will retain a team of professionals to facilitate stakeholders' River goals and
management techniques,to recommend flow targets or other strategies necessary to accomplish
the goals, to model management techniques, to provide summaries identifying how well projects
or management techniques meet River goals, and to recommend priority projects.partnerships,
operational parameters, etc. for the Upper Roaring Fork River Management Plan. We expect
that team to include members with experience and expertise in water resources engineering, river
science, hydrology, water quality,stream geomorphology, Colorado water rights and water law,
and group facilitation.
The Parties agree that representation of project sponsors and contact with third parties will be
only with the consent of the Parties. Each party has independent discretion and the ability to
accept or reject the conclusions of the professional consulting team.
A. Responsibility for the Project Except as otherwise provided herein, City shall enter
into Project contract; manage,create and update Project schedules; assign a Project Manager that
is the primary point of contact for the contractor and subcontractors; arrange meetings; approve
deliverables; pay invoices; and any other action necessary for successful completion of the
project scope. The Parties will coordinate together on all project deliverables. Any produced
reports or conclusions contained in any draft or final work product will reflect both City and
County input No reports conclusions or other product will be finalized without acceptance of
the work by both parties. If necessary, positions of both parties will be separately detailed.
Either Party may have its name deleted from the final work product.
B. Appointing City Project Manager.'City shall appoint a Project Manager for the
Project. Any changes to City's Project Manager shall be made in writing to County's
Contact for the Project.
C. Appointing County Contact. County shall appoint one contact for the Project. Any
changes to County's Contact shall be made in writing to City Project Manager.
D. Coordination of City and/or County Issues. City Project Manager shall coordinate
comments from City and County staff and be diligent in resolving Project issues raised by
any City or County board, department, or staff with the assistance of the County Contact.
E. Decision-Making. Whenever either Party's decision,determination, approval or
consent(each a "decision") is required on the subject matter in this Agreement, the Party
will promptly exercise judgment and grant or deny the matter for which a decision was
requested in a reasonable manner. Any consent or approval granted by a Party shall not
constitute a waiver of the requirement for consent or approval in subsequent cases.No •
change in the rights of the Parties or the term of this Agreement shall be required as a
condition to granting of approval or consent. Any denial of consent or approval under this
Agreement shall not be unreasonably withheld, delayed, or conditioned.
F. Budget and Payment of Invokes. City Project Manager shall exercise good faith efforts
to manage the Project within the budget specified in this Agreement. Invoices shall be paid by
City within the timeframe identified in the Contract. City will request a Journal Entry of
50% of the invoice from the County and the County will pay the City within 30 days of
request. Financial reports accompanying requests for reimbursementshall be in accordance
with County requirements.
0. Review and Use of Deliverables. Deliverables will be reviewed and commented on
by both the City and the County within a reasonable time frame as to maintain project
schedule City Project Manager will coordinate City and County responses and
communicate with the Consultant. Parties agree that deliverables and Project products shall
be owned by both Parties and the use of deliverables and products will be discussed and
agreed upon prior to use or release to the public if product is confidential. This provision
shall survive the termination of this agreement.
H. Press Releases. Any press releases associated with the Project shall be reviewed by
both Parties and issued jointly. Members of the press or public seeking information_about
the Project shall be directed to the Project Manager.
1, Maintaining Project Schedule. County agrees to use its best efforts to assist City in
maintaining the Project schedule. To this end. County staff shall assist City by attending
necessary team meetings, providing comments or feedback on deliverables within reasonable
timeframe, and shall assist with scheduling all hearings and briefings before County
commissions or other County boards.
The foregoing Agreement is approved by the Board of County Commissioners of Pitkin
County.Colorado at its regular meeting held on the /? day of -sm./yr ,2010.
The foregoing Agreement is approved by the City of Aspen at its regular meeting held on
the j3 day of PL,Motitl , 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 APPROVED AS TO FORM
By: (///r- ` By: o---4-�'---
even. kadron, Mayor James R. True,City Attorney
BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM
OF PITKIN,/�COUNTY, COLORADO - - -- -
By: 1(JU/u, L.,(41).-0237, By:
Chair John Ely.County Attorney
RESOLUTION 416
(Series of 2017)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AN INTERGOVERNMENTAL AGREEMENT REGARDING THE UPPER
ROARING FORK RIVER MANAGEMENT PLAN AND AUTHORIZING THF CITY
MANAGER TO EXECUTE SAID INTERGOVERNMENTAL AGREEMENT ON BEHALF
OF THE CITY OF ASPEN,COLORADO.
WHEREAS, in July 2015,Council identified the development of a River Management
Plan as one of its Top Ten Goals. The goal states: "Develop a River Management Plan that seeks
to restore and maintain the health of the Roaring Fork River as it flows through Aspen:'and,
WHEREAS, the City of Aspen, in partnership with Pickin County,plans to study the
upper Roaring Fork River, from its headwaters to a point just below the confluence with Maroon
Creek to determine river health,community values and expectations, and river management
possibilities to manage flows during periods of critical need in ways that improve water quality,
river health,ecological health, recreational opportunities,and riparian habitat. Stream
Management Plans like this are a high priority in the Colorado Water Plan. They are an action
item in both the Roaring Fork Watershed Plan and the Colorado River Basin Implementation
Plan. The City and the County hope to be a role model for other communities and to demonstrate
how collaboration can improve the health of a watershed: and.
WHEREAS,there has been submitted to the City Council an Intergovernmental
Agreement between the City of Aspen and Pitkin County,a true and accurate copy of which is
attached hereto as "Exhibit A"to cooperatively address the goals of the River Management Plan
and to cooperate in the funding of these efforts. Pitkin County has approved this
Intergovernmental Agreement.
NOW, THEREFORE, BE IT RESOLVED BY T11E CITY COUNCIL OF THE CITY
OF ASPEN,COLORADO,
That the City Council of the City of Aspen hereby approves the Intergovernmental
Agreement between the City of Aspen and Pitkin County regarding the River Management Plan,
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 by the City 'ouncil of the Cit of Aspen on
the 13th day of February, 2017.
Steen ka nn, 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 on the l3'"day of February, 20 7.
1 �
da Manning, City Clerk