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HomeMy WebLinkAboutresolution.council.083-09RESOLUTION ~~ (Series of 2009) A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE BOARD OF COUNTY COMMISSIONERS OF PITHIN 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 regazding 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 1. That the City Council of the City of Aspen hereby approves the Intergovernmental Agreement with the Pitkin County Board of County Commissioners regazding building services of the City and County Community Development Departments, a copy of which is 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. Dated: „/ C' -/ ~~ c.~ ~i Michael C. Ireland, Mayor I, Kathryn S. Koch, 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 October 13, 2009. Kathryn S. Koch, City Clerk Attachments A -Intergovernmental Agreement with Pitkin County BOCC INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISIONERS OF PITHIN 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 ~~ day of ~ C~ 2009 by and between the BOARD OF COiJNTY COMMISSIONERS OF PITKIN COUNTY (hereinafter referred to as "County"), and the CITY OF ASPEN (hereinafter referred to as "City"). 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: I. Termination of April 27, 2002, Intergovernmental Agreement. The parties hereto terminate the prior Intergovernmental Agreement dated April 27, 2002, regarding the joint operations of their respective Community Development Departments. II. Purpose. The purpose of this Intergovernmental 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. • Establish clear guidelines for the sharing of certain employees and resources of the individual Community Development Departments. City/County ComDev IGA -Page 1 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. III. Reciprocal use of City and County Community Development Department Employees. In order to continue to provide the best customer service possible by ensuring that personnel from each Community Development Department may provide services to each other jurisdiction's customers when feasible and reasonable, the parties hereto agree to provide reciprocal coverage of certain employees as set forth below. The Govermnents shall make requests for reciprocal coverage 48 hours in advance, when possible. The City and County Chief Building Officials shall determine the method for request and reconciliation of billing in accordance with the following guidelines: A. Inspections: Upon request by the County and subject to availability of staff time, the City may perform any inspection the County may need for $65 per hour of inspection time. Upon request by the City and subject to availability, the County may perform any inspections for the City for $65 per hour of inspection time. The inspection time shall be logged daily during the calendaz yeaz and reconciled quarterly. 1. The Electrical Inspector shall be a City employee subject to City of Aspen personnel policies and procedures. The Electrical Inspector position shall be paid 50/50, including overtime, vehicle, travel expenses, office space rental, computers and all related expenses, by each jurisdiction. As a guideline, the inspector shall work 20 hours per week for each jurisdiction. The inspections shall be comprehensive and not limited to electrical inspections based on the needs of the Chief Building Official. In order to verify hours spent for each jurisdiction the inspector shall maintain daily logs. If one jurisdiction is seeking work to be completed beyond the regular 80 hours bi-weekly by a staff member from the other jurisdiction, then the jurisdiction that is seeking the completion of this work will pay overtime at 100%. An annual joint top-set shall be placed on the Electrical Inspector's expenses based on the City/County expense policies with prior joint director approval. Both Chief Building Officials will have input regazding employee evaluations for the Electrical Inspector. 2. Contract Inspectors' payment shall be calculated by the dividing the daily cost of services by the total number of inspections performed (to establish a cost per inspection) then multiplying the cost per inspection by the number of inspections for each jurisdiction. Example: $600 for a full day of contract services and 16 total inspections performed = $37.50 cost per inspection. (City Inspection) 7 x $37.50 = $262.50 (County Inspections) 9 x $37.50 = $337.50 City/County ComDev IGA -Page 2 Each jurisdiction shall pay the Contractor directly. Contract Inspectors shall submit sepazate invoices for each jurisdiction. 3. The Cost associated with 1-4 above shall be tracked bi-weekly on timesheets and reconciled between the City and the County on a quarterly basis at the direction of the Chief Building Officers. B. Plan Review: Upon request by the County and subject to availability of staff time, the City may perform any plan review the County may need for $60 per hour. Upon request by the City and subject to availability, the County may perform any plan review for the City for $60 per hour. If plan review is completed beyond the regular 40 hour work week at the request of the Chief Building Official or Supervisor, then the jurisdiction that requested the completion of this work will pay 100% of the overtime at 1.5 times the hourly inspection rate. ($90 per hour) 1. The plan reviews shall be logged daily during the calendar yeaz and the difference settled quarterly. 2. The Cost associated with item 1 above shall be tracked bi-weekly on timesheets and reconciled between the City and the County on a quarterly basis at the direction of the Chief Building Officials. C. Chief Building Officials: Upon request by either the City or County and subject to availability, the City and County Chief Building Officials may perform typical tasks and functions as required offering mutual aid according to workload. The Chief Building Official shall keep records for estimated time spent out of jurisdiction. These records shall be tracked bi-weekly on timesheets and reconciled quarterly, if deemed necessary by the Directors. 1. In compensation for this, the Chief Building Official shall log his time for this work and shall submit these records on a bi-weekly basis, to be paid $100 per hour for actual hours spent working on behalf of the other jurisdiction. 2. The City and County Building Officials may co-author Building Code and Building 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 strive to coordinate the timing of building code and building code-related change adoptions so that the effective dates aze as concurrent as possible. IV. 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 City/County ComDev IGA -Page 3 which is conducive for harmonious, 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 Development Deparirnents and specifically agree to cooperate and coordinate in the following areas of joint interest: A. Joint Application and Interpretation of Regulations. The Chief Building Officials shall establish, with the approval of the Directors, a method to handle the purchase and sales of code books and the contractor licensing program. This method shall address the administration of such program and sales and how revenues and expenses shall be shazed and reconciled. B. Office Equipment. For the purchasing of office equipment used in common, the actual costs shall be shared 50/50 by the City and County. The supplies and maintenance on the fax machine, mail machine, the HP printer, the plotter and the color printer will be split 50/50. If an accurate tracking method is possible, then the plotter, copier, and printers will be charged out according to copier codes for all expenses including paper and maintenance. Air Freshener and bathroom supplies will be split 50/50. Kitchen supplies will also be split 50/50, with agreement between both department directors prior to purchase. C. Office Space. The City shall provide office space, at no chazge, to the County Community Development Department on the third floor of City Hall in the current amount and general configuration. Each party shall 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. V. Workers' Compensation and Indemnification. A. Workers' Compensation. The employer of the respective employees shall provide workers' compensation coverage for their employees. For the purposes of this Agreement, Pitkin County shall name the City of Aspen as additional insured on its general liability policy and the City shall name Pitkin County as additional insured on their general liability policy. City/County ComDev IGA -Page 4 B. Indemnification. 1. Neither the City nor the County waive the defenses or limitations on damages provided for and pursuant to the Colorado Governmental Immunity Act (Sec. 24-10-101, et seq., C.R.S.), the Colorado Constitution, their respective home rule charters or under the common law or the laws of the United States or State of Colorado. 2. It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing an employment relationship not intended by the express terms of this Agreement. Personnel identified as County employees shall be for all purposes County employees. Personnel identified as City employees shall be for all purposes City employees. It is anticipated that City and County employees will be assigned to work on projects or assignments for the both governmental entities in accordance with this Agreement. Nothing contained in this Agreement shall be construed to make such sharing arrangements as evidence of an employee/employer relationship. No agent, employee, or servant of one party shall be, or construed to be, the employee of the other party. Each party to this Agreement shall be solely and entirely responsible for its acts and for the acts of its employees during the performance of this Agreement. VI. Financial Reconciliation It is agreed that the following elements shall be reconciled quarterly by both City and County Finance Departments: A. Contractor licensing program B. Code book sales and purchase C. Inspections, plan review, overtime and CBO coverage D. Office Equipment and Supplies Any additional expenses that will 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. VII. Modification, Annual Renewal and Termination of this Agreement It is agreed that both jurisdictions shall re-evaluate the terms of this agreement at the end of each calendar yeaz 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. During any one-year period, either party hereto may modify any part of this Intergovernmental Agreement for any reason with the written agreement of the other party or terminate all or part of this agreement with 90 days written notice. City/County ComDev IGA -Page 5 VIII. Notices. Any formal notice, demand or request provided for in this Intergovernmental Agreement shall be in writing and shall be deemed properly given if deposited in the United States Mail, postage prepaid to: City of Aspen, Colorado c/o City Manager 130 South Galena Street Aspen, Colorado 81611 Board of County Commissioners of Pitkin County, Colorado c/o County Manager 506 East Main Street Aspen, Colorado 81611 [signatures on following page] City/County ComDev IGA -Page 6 APPROVED by the City Council of the City of Aspen on the ~th day of ~~, 2009. ATTEST: ~a Cl~~i~. z '~ ``~~ athrK yn S. Koch, City Clerk 'r~~' CITY COUNCIL: Mic~eland, Mayor Date: V ~~~ ~~ APPROVED by the Board of County Commissioners of Pitkin County on the th day of , 2009. ATTEST: Jeanette Jones, Deputy County Clerk BOARD OF COUNTY COMMISSIONERS Patti Kay-Clapper, Chair Date: MANAGER APPROVAL: Hilary Fletcher, County Manager Ste Barwick, City Manager APPROVED AS TO FORM: John Ely, County Attorney John Worcester, tty Attorney City/County ComDev IGA -Page 7