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HomeMy WebLinkAboutbocc.res.016.2022 Contract No 129-2022 Attached RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ("BOCC") OF PITKIN COUNTY, COLORADO APPROVING,AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ASPEN FOR USE OF TEMPORARY SPACE IN THE CITY OWNED ARMORY BUILDING FOR COURT PROCEEDINGS AND SERVICES PROVIDED BY THE NINTH JUDICIAL DISTRICT RESOLUTION NO. 016-2022 RECITALS WHEREAS,: Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home 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, and; WHEREAS, This Agreement is entered into pursuant to, inter alia, C.R.S. §§ 29-1-201, et seq., and Article XIV, Section 18 of the Colorado Constitution, and WHEREAS, The Pitkin County Courthouse provides a central location for residents of Aspen, Snowmass, Basalt and unincorporated Pitkin County to access the 9th Judicial District area for civil and criminal court proceedings, and; WHEREAS, The Courthouse was originally built in 1890, and is in need of modernization to address both the volume of cases in our community and the security needs of modern courts, and; WHEREAS, The County has completed Phase I and II of modernization, and; WHEREAS, Phase III of the renovation is scheduled to begin in early March 2022 and continue through the end of September 2022, and; WHEREAS,The nature and scope of the work to be done will not allow the 9th Judicial District to conduct court proceedings and provide other services efficiently in the courthouse during construction, and; WHEREAS,It is the shared goal of the County and the 9th Judicial District to operate the courts with as little disruption for our shared constituents as possible, and; WHEREAS, In this spirit,the Chief Judge of the 9th Judicial District has requested that we find a temporary, single location where the Courts can continue to operate while construction is occurring in the Courthouse, and; WHEREAS, The City of Aspen is the owner of the building known as the Armory Building, which is located at 530 Galena Street,Aspen, Colorado, and; WHEREAS, The City of Aspen is vacating portions of the Armory Building, resulting in available space, and; WHEREAS, The City of Aspen and Pitkin County wish to enter into an Intergovernmental Agreement for the purpose of temporarily relocating court services to a portion of the vacant space in the Armory Building while construction is completed on the Pitkin County Courthouse, and; WHEREAS, The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts a Resolution Approving an Intergovernmental Agreement with the City of Aspen for Use of Temporary Space in the City Owned Armory Building for Court Proceedings and Services Provided by the Ninth Judicial District and authorizes the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. 2 INTRODUCED AND FIRST READ ON THE 9TH DAY OF FEBRUARY, 2022 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 23RD DAY OF FEBRUARY 2022. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 10TH DAY OF FEBRUARY, 2022. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 10TH DAY OF FEBRUARY 2022. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 23RD DAY OF FEBRUARY 2022. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 24TH DAY OF FEBRUARY 2022. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 3RD DAY OF MARCH, 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS By ,)iAtia 1 By: FV'auAtit, JaGbiW Julia Ely Francie Jacober, Vice Chair Deputy County Clerk Date: Feb-28-2022 APPROVED AS TO FORM: MANAGER APPROVAL So Ely PtuitiS Mafia, John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager 3 Contract No 129-2022 INTERGOVERNMENTAL AGREEMENT By and Between The City of Aspen and County of Pitkin THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this 31 day of March , 2022 by and between the Board of County Commissioners of Pitkin County, Colorado, whose address is 530 East Main Street, Suite 302, Aspen, Colorado 81611 ("the County") and The City of Aspen, 427 Rio Grande Pl, Aspen, Colorado 81611 ("the City"). RECITALS WHEREAS, This Agreement is entered into pursuant to, inter alia, C.R.S. §§ 29-1-201, et seq., and Article XIV, Section 18 of the Colorado Constitution. WHEREAS, The Pitkin County Courthouse provides a central location for residents of Aspen, Snowmass,Basalt and unincorporated Pitkin County to access the 9th Judicial District for civil and criminal court proceedings. WHEREAS, The Courthouse was originally built in 1890, and is in need of modernization to address both the volume of cases in our community and the security needs of modern courts. WHEREAS, The County has completed two phases of modernization, and plans to complete the third and final phase of courthouse remodel in 2022. WHEREAS, The nature and scope of the work to be done will not allow the 9th Judicial District to operate in the courthouse while work is conducted. WHEREAS, It is the shared goal of the County and the 9th Judicial District to operate the courts with as little disruption for our shared constituents as possible. WHEREAS, In this spirit the Chief Judge of the 9th Judicial District has requested that we find a temporary, single location where the Courts can continue to operate while work is completed on the Courthouse. WHEREAS, With the City of Aspen vacating portions of the Armory, the City of Aspen and Pitkin County enter into this Intergovernmental Agreement for the purpose of temporarily relocating court services to the Armory while construction is completed on the Pitkin County Courthouse. WHEREAS, The Pitkin County Courthouse Phase III renovation is scheduled to begin in 1 early March 2022 through the end of September 2022. 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: 1. Effective February 1, 2022 The City of Aspen, will: a. Transfer usage of the building in designated spaces per attached floor plan to the County for operations of the 9t1 judicial district court. b. Charge the County non-profit$30.00/sq. ft. rate for the areas dedicated strictly to Pitkin County and a reduced rate of$15.00/ sq. ft. for areas shared with the City and Public. (The attached floor plan specifies the designated uses). c. Continue to manage and maintain the current janitorial contract with reimbursement by the County based on County dedicated space on a quarterly basis. d. Continue to provide building services for maintenance and repairs,utilities and network without added cost to the County. e. Maintain and provide proof of the following insurance to Pitkin County during the time of this MOU against claims for injuries to persons or damages to property which may arise or in connection with the City's operation and use of the owned premises. The cost of such insurance and any related deductibles and/or self-insured retentions shall be borne by the City of Aspen. i. Commercial General Liability(CGL): written on an "occurrence" basis including products and completed operations,property damage, bodily injury, and personal and advertising injury with limits of no less than $3 million(USD)per occurrence. ii. Property Insurance against all risks of loss to the property. iii. Workers' compensation insurance as required by the State of Colorado with statutory limits and Employers' Liability Insurance with limits of$1 million (USD)per accident for bodily injury or disease. f. Agree to list Pitkin County, its elected and appointed officials, employees and volunteers as an Additional Insured on the CGL policy and will provide proof of insurance in the form of a Certificate of Insurance upon 2 inception of this Agreement and then annually or as the referenced policies are renewed and/or updated. 2. Effective March 1, 2022, Pitkin County: a. Change the exterior locks and modify the building for the security checkpoint and equipment and control during the duration of use, coordinating City employee access and return the system as was upon departure. b. Inhabit at total of 6,200/ sq. ft. at all levels except the third floor and will share 1,993/ sq. ft. of space on the first and second floors. It is estimated the length of occupancy will be seven months. However, the use may be shorter or longer depending on the Courthouse construction Project. i. Pitkin County will pay $15,429.00 monthly for dedicated space. ii. Pitkin County will pay $2,491.00 monthly for shared space. iii. Pitkin County will pay $5950.00 monthly for janitorial services, share of utilities costs (sewer, natural gas, electric, water, waste removal& evening security patrol). iv. Total amount of both dedicated, shared use space and janitorial services per month will be $23,870.00. c. Be responsible for snow removal for direct access into the building entrances and exits and parking spaces on the alley side of the building. The following areas are excluded from county responsibility: 1)public alley, 2) access city equipment, 3)park, 4)roof and overhangs and 5) public sidewalks. d. Take on parking management for the use of all parking spaces on the alley side of the building. The County will designate, sign, and enforce parking as needed. e. Maintain and provide proof of the following insurances to the City of Aspen during the time of this Agreement against claims for injuries to persons or damages to property which may arise from or in connection with the County's operation and use of the leased premises. The cost of such insurance and any related deductibles and/or self-insured retentions shall be borne by Pitkin County. i. Commercial General Liability(CGL): written on an "occurrence" basis including products and completed operations,property damage, bodily injury, and personal and advertising injury with limits of no less than $3 million(USD)per occurrence. ii. Property Insurance against all risks of loss to any County improvement, betterments, or property. iii. Workers' compensation insurance as required by the State of Colorado with statutory limits and Employers' Liability Insurance with limits of$1 million (USD)per accident for bodily injury or disease. 3 f. List the City of Aspen, its elected and appointed officials, employees, and volunteers as an Additional Insured on the CGL policy and will provide proof of insurance in the form of a Certificate of Insurance upon inception of this Agreement and then annually or as the referenced policies are renewed and/or updated. 3. Assignability. This agreement is not assignable by either party. 4. 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. 5. 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. 6. 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. 7. Termination Prior to Expiration of Term. Any Party has the right to terminate or withdraw from this Agreement, with or without cause, by giving written notice to the other Parties of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. Termination of the Agreement relieves the cancelling or withdrawing Party of any further responsibility under this Agreement except for specifically identified obligations of a continuing nature based upon past performance under the Agreement. If terminated by the City of Aspen, the County shall have 30 days to vacate the premises and shall continue the payments set forth in paragraph 2.b. and other obligations under paragraph 2,until the premises are vacated and accepted by the City. If terminated by the County, the County shall vacate the premises prior to the effective date of the termination. 6. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2)registered or certified mail,postage pre-paid to the mailing 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 4 prescribed for personal service of a summons or other legal process. To: Pitkin County With copies to: County Manager's Office Pitkin County Attorney's Office 530 East Main Street, Ste. 302 530 East Main Street, Ste. 301 Aspen, CO 81611 Aspen, CO 81611 attorney@pitkincounty.com To: City of Aspen With Copies to: City Manager's Office City of Aspen Attorney's Office 427 Rio Grand Place 427 Rio Grande Place Aspen, CO 81611 Aspen, CO 81611 7. 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. 8. 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. 9. 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. 10. 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. 11. Attorney Fees. In the event that legal action is necessary to enforce any of the 5 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 fees. 12. 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. 13. Authority. Each person signing this Agreement represents and warrants that said person is fully authorized to enter into and execute this Agreement and to bind the party it represents to the terms and conditions hereof The foregoing Agreement is approved by the Board of County Commissioners of Pitkin County, Colorado at its regular meeting held on the 23rd day of February, 2022 The foregoing Agreement is approved by the City of Aspen at its regular meeting held on the 31 day of March , 2022. In Witness whereof, the parties hereto have caused this agreement to be executed as of the day and year first above written. THE CITY OF ASPEN By: Torre, Mayor ATTEST: Nicole Henning Approved as to Form: ,jawlt s I?. Diu, James R. True, City Attorney 6 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVED AS TO FORM By: Fra lAtit, jateloc,r By: 5oti,,, E17 Francie Jacober, Vice Chair John Ely, County Attorney Manager Approval: ATTEST ItitiS AUftitt, Mix Phylis Mattice for Jon Peacock, Julia Ely, Deputy County Clerk County Manager Form Revised 01-01-2022 7