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HomeMy WebLinkAboutbocc.res.107.2024 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (“BOCC”) OF PITKIN COUNTY, COLORADO APPROVING AND AUTHORIZING THE CHAIR TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF SNOWMASS VILLAGE, COLORADO TO SUPPORT THE REDEVELOPMENT OF THE LITTLE RED SCHOOL HOUSE CHILDCARE FACILITY RESOLUTION NO. 107-2024 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, Pitkin County recognizes that residents and workforce members struggle to find quality, affordable, available care for children under the age of five, which negatively impacts the welfare of a family and the economic viability of the community, and; WHEREAS, The Town of Snowmass Village owns the Little Red Schoolhouse property located at 4598 Owl Creek Road in Snowmass Village, which is leased to LRSH, Inc. for use as a child care facility, and the Town is in the process of pursuing an expansion and redevelopment of the Little Red Schoolhouse facilities, and; WHEREAS, on August 13, 2024, the BOCC expressed support for the Town of Snowmass Village and their efforts to redevelop the Little Red School House childcare facility, and; WHEREAS, the Town of Snowmass Village has requested Pitkin County’s partnership and funding support to deliver additional childcare resources to the community, and; WHEREAS, Pitkin County wishes to support improved and expanded child care options for the regional workforce, and; WHEREAS, To support the upper Roaring Fork Valley’s unmet need for childcare services, help retain residents, and support workforce, the County wishes to provide the Town of Snowmass Village with a grant of $208,000 to aid in the LRSH Project, and; WHEREAS, Pitkin County has $208,000 available from the American Rescue Plan Act federal allocation and the BOCC has allocated the funds for use to support childcare, and; WHEREAS, an intergovernmental agreement is required to dictate the terms of the funding agreement between the Town of Snowmass Village and Pitkin County, and; WHEREAS, the BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. RESOLUTION NO. 107-2024 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts a Resolution Approving and Authorizing the Chair to Sign, an Intergovernmental Agreement attached hereto as Exhibit A, with the Town of Snowmass Village to support the redevelopment of the Little Red School House facility 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. INTRODUCED AND FIRST READ ON THE 6TH DAY OF NOVEMBER, 2024 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 20TH DAY OF NOVEMBER 2024. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN DAILY NEWS ON THE 7TH DAY OF NOVEMBER, 2024. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 7TH DAY OF NOVEMBER 2024. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 20TH DAY OF NOVEMBER 2024. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ), AFTER ADOPTION, ON THE 28TH DAY OF NOVEMBER 2024. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 28TH DAY OF NOVEMBER, 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS By _________________________ By: _____________________________ Sam Engen Greg Poschman, Chair Clerk to the Board Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL ___________________________ _________________________________ Richard Neiley, III Jon Peacock, County Manager Interim County Attorney Nov-25-2024 INTERGOVERNMENTAL AGREEMENT BETWEEN THE PITKIN COUNTY BOARI) OF COUNTY COMMISSIONERS AND THE TOWN OF SNOWMASS VILLAGE, COLORADO TO SUPPORT THE REDEVBLOPMENT OF THE LITTLE RED SCHOOL HOUSE CHILDCARE FACILITY THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this 20th day of November, 2024 by and between the Board of County Commissioners of Pitkin County, Cotorado, whose address is 530 East Main Street, Suite 302 Aspen, Colorado 81611 ("the County") and the Town of Snowmass Village, Colorado, whose address is 130 Kearns Road, Snowmass Village, CO 81615 (the "Town"). The County and the Town are collectively referred to as "Parties." RECITALS A. This Agreement is entered into pursuantto, inter a/ia, C.R.S. $$ 29-l-207, et seq., and Article XIV, Section l8 of the Colorado Constitution. B. The Town owns the Little Red Schoolhouse property located at 4598 Owl Creek Road in Snowmass Village, which is leased to LRSH, Inc. for use as a child care facility. The Town is in the process of pursuing an expansion and redevelopment of the Little Red Schoolhouse facilities (the "LRSH Project"). C. High housing costs and limited childcare options represent barriers to recruitment and retention of the local workforce. Providing childcare for Town and County employees will mitigate recruitment and retention challenges that threaten municipal service delivery. New childcare options will be especially important for attracting and retaining municipal and county workers. D. Thus, to support the upper Roaring Fork Valley's unmet need for childcare services, help retain residents, and support employees, the County wishes to provide the Town with a grant of $208,000 to aid in the LRSH Project. E. The County and the Town do hereby collectively determine and declare that this Intergovernmental Agreement is necessary, proper and convenient for the continued fostering and preservation of the public peace, health and safety. 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. Recitals. The foregoing recitals are incorporated herein by this reference. Z. Grant to the Town. The County hereby grants to the Town $208,000, subject to the follolving conditions a. Pitkin County funds allocated to the LRSH Project will be used solely for construction expenses, including construction materials, equipment and labor costs. Examples of construction materials include insulation, drywall, subflooring and finished flooring, electrical wiring and fixtures, plumbing installation and plumbing fixtures such as restroom sinks and facilities, equipment rentals or fees as necessary by the contractor to complete the work and associated labor fees. b. The Town shall provide to the County information and documents requested by the County to ensure that the funds are used for the purposes set forth in this Agreement and the Town will provide the required documentation, as detailed in Exhibit A. Any funds not expended for authorized purposes or not expended shall be returned to the County. c. The County will disburse the Grant funds to the Town within 30 days of execution of this Agreement. The Grant funds shall be fully used by December 31,2025. The County affirms that it has appropriated the Grant funds for this purpose set forth in this Agreement. d. The Town shall maintain complete and accurate records and accounts of its use of the Grant funds for a period of five (5) years following expiration or termination of this Agreement. Such records shall be made available to the County upon request. In the event of any conflict between the terms of this Agreement and the Proposal, this Agreement shall control. 3. Term. This is a one-time Grant and is not subject to annualrenewal. 4. Assignability. This Agreement is not assignable by any party hereto 5. Modification. This Agreement may be changed or modified only in writing by an agreement approved by the respective Boards or Councils of the Governments and signed by authorized officers of each party. 6. 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. 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. e 8. 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 canceling 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. 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 andby one of the following methods I ) hand-delivery or 2) registered or certified mail, postage prepaid 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 prescribed for personal service of a summons or other legal process. To: Pitkin County Jon Peacock, County Manager East Main Street, Ste 302 Aspen, CO 8l6l I Jon.peacockOpitkincounty.com To: Town Clint Kinney, Town Manager 130 Kearns Road P.O. Box 5010 Snowmass Village, CO 81615 cki111et@Iary,golx With copies to: County Attorney's Office 530 530 East Main Street, Ste. 301 Aspen, CO 816l I attorney@pitk incountv.com With Copies to: Town Attorney 201 1r4th Street, Suite 201 P.O. Drawer2030 Glenwood Springs, CO 81601 untainlawfirm.com 7. Government Immunity. The parties agree and understand that all 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 Oblieations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only iurrently 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 any of the parties within the meaning of any constitutional or statutory debt limitation. This Agreement shall not be construed to ptedge or create a lien on any class or source of any of the parties' bonds or any obligations payable from any class or source of each individual party's money 9. Bindine Riehts and Oblisations. 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. Asreement 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. I 1. Attorney 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 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. Authoritv. 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. - Signature Pages Follow - The foregoing Agreement is approved by the Board of County Commissioners of Pitkin County, Colorado at its regular meeting held on the 20th day of November,2024. The foregoing Agreement is approved Town of Snowmass Village, Colorado at its regular meeting held on the ')t 2024. In Witness whereof, the parties hereto have caused this agreement to be executed as of the day and year first above written. TOWN OF SNOWMASS VILLAGE APPROVED AS TO FORM --'a By: Alyssa onklin, Town Attorney Attest: Me Clerk BOARD OF COLTNTY COMMISSIONERS APPROVED AS TO FORM OF PITKTN COUNTY, COLORADO ATTEST BOARD OF COUNTY COMMISSIONERS Sau,, Oa4N By:By Sam Engen Clerk to the Board Greg Poschman, Chair llov-2 5-2024Date: APPROVED AS TO FORM:MANAGER APPROVAL Richard Neiley, II[, County Attorney Jon Peacock, County Manager dA--_ Ww---