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HomeMy WebLinkAboutagenda.council.worksession.20190409 CITY COUNCIL WORK SESSION 4:00 PM I. Citizen Group Presentation regarding Rio Grande City Offices II. Census 2020 Update III. APCHA Governance - City Council Discussion CITY COUNCIL WORK SESSION April 09, 2019 4:00 PM, City Council Chambers MEETING AGENDA Citizen Group Presentation regarding Rio Grande City Offices City Council Discussion P1 TO: Mayor and City Council FROM: Jeff Pendarvis, Parks and Open Space Director THROUGH: Scott Miller DATE OF MEMO: April 3, MEETING DATE: April 9 RE: Work Session with Harry Teague and Bill St REQUEST OF COUNCIL: Harry Teague and Bill St to request an opportunity to discuss the opportunity for them to present their issues and ideas to Council BACKGROUND: At the March 25th Regular City Council meeting, a majority of City Council lengthier presentation from these conflict with the direction of Ordinance No. 4, Series of 2017 delay the construction schedule or increase project costs In preparation for this work session, City Bendon Adams, met with Harry Teague, do not affect Ordinance No. 4’s reviewed plans, answered questions, clarified the specifics of Ordinance areas of concern in the landscape they develop a finite list of items that they would like to see addressed project, which they agreed to prepare included it as part of a broader public dialog, along with community input will (OSTB) through our standard park design process. A formal recommendation from the OSTB will then be presented to City include budget, feasibility and schedule. From a broader perspective, the Parks staff are continuing to work on the visual and aesthetic connectivity from Main Street to John Denver Sanctuary throug work has been and will continue design elements. Galena Plaza went through extensive review over eight years design was approved by Council while city offices were being designed design for Galena Plaza and will continue to be involved with Page 1 of 4 MEMORANDUM Mayor and City Council Jeff Pendarvis, Interim Capital Asset Manager Parks and Open Space Director Scott Miller, Interim Public Works Director April 3, 2019 April 9, 2019 Work Session with Harry Teague and Bill Stirling Harry Teague and Bill Stirling came to Council March 25 to discuss City offices. The scheduled work session for the opportunity for them to present their issues and ideas to Council. Regular City Council meeting, a majority of City Council these members of the public, provided the materials presented did not conflict with the direction of Ordinance No. 4, Series of 2017. Additionally, these ideas cannot delay the construction schedule or increase project costs for city offices at Rio Grande In preparation for this work session, City staff, along with Chris Bendon, the project planner with Teague, Bill Stirling, and Peter Grenney to discuss the items that ’s direction, schedule, or budget. During the meeting, the group reviewed plans, answered questions, clarified the specifics of Ordinance No. e and the public connectivity of the site plan. Staff develop a finite list of items that they would like to see addressed as part of prepare. Once the list is given to staff, it will included it as part of a broader public dialog, aligned with of our longstanding process. will be presented by staff to the Open Space and Trails Board (OSTB) through our standard park design process. A formal recommendation from the OSTB Council for consideration and approval to proceed. This will and schedule. From a broader perspective, the Parks staff are continuing to work on the visual and aesthetic connectivity from Main Street to John Denver Sanctuary through the Galena Plaza space. continue be routed through the OSTB for prioritizing amenities and Galena Plaza went through extensive review over eight years ouncil to go forward with construction. The project was put on hold ffices were being designed. The OSTB has long been involved in the planning will continue to be involved with this next round of Manager, Austin Weiss, rling Re: City offices. March 25th, 2019 for April 9, 2019 is Regular City Council meeting, a majority of City Council agreed to hear a , provided the materials presented did not these ideas cannot ces at Rio Grande. the project planner with rling, and Peter Grenney to discuss the items that , schedule, or budget. During the meeting, the group No. 4, and identified Staff suggested that as part of the city offices will be reviewed and process. Their list be presented by staff to the Open Space and Trails Board (OSTB) through our standard park design process. A formal recommendation from the OSTB for consideration and approval to proceed. This will From a broader perspective, the Parks staff are continuing to work on the visual and aesthetic h the Galena Plaza space. This for prioritizing amenities and Galena Plaza went through extensive review over eight years and the final to go forward with construction. The project was put on hold been involved in the planning and this next round of public dialog P2 I. DISCUSSION: Bill Stirling sent an email summary of twelve items they would like to discuss at the Council work session. The email FINANCIAL IMPACTS: Unknown RECOMMENDED ACTION: Staff recommends that Council invite community, to join the public process Denver Sanctuary as well as beautifying Rio Grande Place OSTB. CITY MANAGER COMMENTS: about the status of the plaza design and connection to Rio Grande Park. for our community to collaborate and celebrate the m In the 2019 Organizational Workplan, the design of this space was listed as a must do project for a safe and livable community of choice. Quite simply, the project team finalizing construction drawings for the shell and core building contract for shell and core will need to be presented to be advancing the financing of the project focused on these efforts through the broader connections and streetscape I have directed Parks and Recreation Manager to prepare to continue a design process the outdoor spaces near the new city offices beginning in 3 staff to host a series of work sessions over the summer to provide an update city offices project including 1) the building construction, 2) the design process including continued public participatio programming in the interior building spaces. Ordinance No. 4 provided approval for the detailed design for Galena Plaza a thorough public process, and was enhancement and refinement. I encourage the City Council to consider having community charrettes for gathering broad representation of community input on Plaza to John Denver Sanctuary, and the streetscape of Rio Grande Place you will hear from in this meeting. many views of the community are acknowledged and prioritized into the final design. Page 2 of 4 rling sent an email summary of twelve items they would like to discuss at the he email with the twelve items is attached, Exhibit A. that Council invite these members of the public and any others in the join the public process for the design of linkages between Galena Plaza and John as well as beautifying Rio Grande Place, led by the Parks department and the CITY MANAGER COMMENTS: I appreciate residents have stepped forward to inquire about the status of the plaza design and connection to Rio Grande Park. This is an exciting time for our community to collaborate and celebrate the mountain to river connection. In the 2019 Organizational Workplan, the design of this space was listed as a must do project for a safe and livable community of choice. It is scheduled for work starting in the Quite simply, the project team has a few other things that need attention first, including finalizing construction drawings for the shell and core building. Along with this will need to be presented to City Council for final approval be advancing the financing of the project simultaneously. I recommend that staff time focused on these efforts through June as key milestones before getting into design refinement of broader connections and streetscape. Parks and Recreation Manager, Jeff Woods, and the Parks and Open Space team a design process with our in-house and contracted design professionals the outdoor spaces near the new city offices beginning in 3rd quarter 2019. I hav staff to host a series of work sessions over the summer to provide an update on three areas of the including 1) the building construction, 2) the design process public participation and 3) to present alternatives for how to finalize programming in the interior building spaces. provided approval for the City building exterior and footprint, as laza. This went through an extensive land use review a thorough public process, and was approved by Council. Having said the this, t I encourage the City Council to consider having community representation of community input on the connections from Galena Sanctuary, and the streetscape of Rio Grande Place, including those that you will hear from in this meeting. The OSTB will continue to be involved in ensuring the views of the community are acknowledged and prioritized into the final design. rling sent an email summary of twelve items they would like to discuss at the April 9 City and any others in the linkages between Galena Plaza and John department and the I appreciate residents have stepped forward to inquire This is an exciting time ountain to river connection. In the 2019 Organizational Workplan, the design of this space was listed as a must do project for the third quarter. has a few other things that need attention first, including . Along with this the construction final approval. Staff will staff time remains as key milestones before getting into design refinement of and the Parks and Open Space team house and contracted design professionals for I have also instructed three areas of the including 1) the building construction, 2) the design process for connections, n and 3) to present alternatives for how to finalize footprint, as well as a review, that included Having said the this, there is room for I encourage the City Council to consider having community the connections from Galena , including those that be involved in ensuring the views of the community are acknowledged and prioritized into the final design. P3 I. From: Stirling, Bill < Sent: Tuesday, April 2, 2019 4:13 PM To: Jennifer Phelan <jennifer.phelan@cityofaspen.com Subject: FW: April 9. Jen, Here is a dozen bullet points from our Friends of Galena Plaza & Rio Grande Landscaping Vision To: The City Council in preparation for the Work at 4 pm From: Friends of Galena Plaza & Rio Grande Landscaping Vision 1. Acknowledge the Council for agreeing to give us the time to continue our dialogue on April 9. 2. We understand and appreciate how long you have worked on creating new City office space and are well aware of the time lost to elections and law suits. 3. We also appreciate your making staff available last week to educate us about their insights and participation in the process behind Ordinance 4, 2017. 4. We are impressed with the carbon free building, and for seeking the highest Leeds or other energy efficient ratings possible. impressed with how carefully you have dealt with the flotsam and jetsam from the first dig, by not over burdeni Land Fill. We understand City staff was instrumental in making this happen. 5. We realize we may be late to the party, and know there have been efforts to engage the public, but in our busy resort town, it sometimes takes some tugging and pulling to g full breadth of our community involved. 6. We have had helpful talks with Charles Cunniffee and his staff, and with Jeff Woods, head of the Parks Dept. 7. We understand your constraints: purposefully designed to be low key and mod is already in place (second reading April 8), no slowing of the construction schedule, and no amendments to Ordinance 4. 8. We would be concentrating on the landscaping, as per Section 7 of Ordinance 4. his staff of the Parks Dept. to coordinate discussions about the final landscaping around the building, around Galena Place up top and work to make the project become a viable pedestrian connector with the downtown core and the Rio Grande Park. The more successful this new building can be. stair case connection between the Galena Plaza and the Rio Grande Park could be more welcoming and graceful. 9. Our ad hoc group could use a bit more time to fles ideas, and bring them back to you in early May. Page 3 of 4 Exhibit A Stirling, Bill <Bill.Stirling@elliman.com> Tuesday, April 2, 2019 4:13 PM jennifer.phelan@cityofaspen.com> FW: April 9. Jen, Here is a dozen bullet points from our Friends of Galena Plaza & Rio Grande Landscaping Vision To: The City Council in preparation for the Work Session April 9 Friends of Galena Plaza & Rio Grande Landscaping Vision Acknowledge the Council for agreeing to give us the time to continue our dialogue on April 9. We understand and appreciate how long you have worked on y office space and are well aware of the time lost to elections and law suits. We also appreciate your making staff available last week to educate us about their insights and participation in the process behind Ordinance 4, 2017. We are impressed with the efforts to make this CH Annex a carbon free building, and for seeking the highest Leeds or other energy efficient ratings possible. We are also impressed with how carefully you have dealt with the flotsam and jetsam from the first dig, by not over burdeni We understand City staff was instrumental in making this happen. We realize we may be late to the party, and know there have been efforts to engage the public, but in our busy resort town, it sometimes takes some tugging and pulling to g full breadth of our community involved. We have had helpful talks with Charles Cunniffee and his staff, and with Jeff Woods, head of the Parks Dept. We understand your constraints: ergo, the building is purposefully designed to be low key and modest, your budget is already in place (second reading April 8), no slowing of the construction schedule, and no amendments to Ordinance 4. We would be concentrating on the landscaping, as per Section 7 of Ordinance 4. We would like to work with Jeff Woods his staff of the Parks Dept. to coordinate discussions about the final landscaping around the building, around Galena Place up top and work to make the project become a viable pedestrian connector with the downtown core and the Rio The more liveliness in the Galena Plaza, the more successful this new building can be. We think the stair case connection between the Galena Plaza and the Rio Grande Park could be more welcoming and graceful. Our ad hoc group could use a bit more time to fles ideas, and bring them back to you in early May. FW: April 9. Jen, Here is a dozen bullet points from our Friends of Galena Plaza & Rio Grande Landscaping Vision Session April 9 Friends of Galena Plaza & Rio Grande Landscaping Vision Acknowledge the Council for agreeing to give us the time to We understand and appreciate how long you have worked on y office space and are well aware of the We also appreciate your making staff available last week to educate us about their insights and participation in the efforts to make this CH Annex a carbon free building, and for seeking the highest Leeds or We are also impressed with how carefully you have dealt with the flotsam and jetsam from the first dig, by not over burdening the We understand City staff was instrumental in We realize we may be late to the party, and know there have been efforts to engage the public, but in our busy resort town, it sometimes takes some tugging and pulling to get the We have had helpful talks with Charles Cunniffee and his staff, and with Jeff Woods, head of the Parks Dept. the building is est, your budget is already in place (second reading April 8), no slowing of the construction schedule, and no amendments to Ordinance 4. We would be concentrating on the landscaping, as per Section We would like to work with Jeff Woods and his staff of the Parks Dept. to coordinate discussions about the final landscaping around the building, around Galena Place up top and work to make the project become a viable pedestrian connector with the downtown core and the Rio more liveliness in the Galena Plaza, the We think the stair case connection between the Galena Plaza and the Rio Grande Park could be more welcoming and graceful. Our ad hoc group could use a bit more time to flesh out our If you P4 I. could give us the green light to coordinate with the Jeff Woods on our ideas, that would be an effective way for us to work with City Staff. between the new City Hall annex and the fabled Rio Grande Park be seamless and inviting. City Manager to Jeff Woods encouraging him to work with our ad hoc group would be very useful. 10. We know the Council is considering at least 3 new affordable housing projects, including the additions to Burlingame. those could be moved forward simultaneously with the CH Annex construction, it would feel like that housing would be addressing this new building’s housing implications and needs. 11. Our interest and effort is not tied to any other group or groups. We are not asking for a pause in the work schedule. We just want this building and its surroundings to be enduring and an integral part of our downtown. the Council might still see subtle but impo possible tweaks to the building itself, we would be happy to interact with your architectural team as well. 12. We would humbly ask for a continued discussion with the Council in the first week of May so we could be much more specific and report on with the Parks people and the Council. mentioned the possibility of putting up story poles on the CH annex building site. Harry Teague and Bill Stirling BILL STIRLING DOUGLAS ELLIMAN REAL ESTATE DIRECT: 970.920.2300 OFFICE: 970.925.8810 MOBILE: 970.948.8287 FAX: 970.920.2131 Bill.Stirling@elliman.com 630 EAST HYMAN AVENUE, SUITE 101, ASPEN, MY LISTINGS Page 4 of 4 could give us the green light to coordinate with the Jeff Woods on our ideas, that would be an effective way for us to work with City Staff. We want to see the relationship City Hall annex and the fabled Rio Grande Park be seamless and inviting. A letter from the Acting City Manager to Jeff Woods encouraging him to work with our ad hoc group would be very useful. We know the Council is considering at least 3 new affordable ousing projects, including the additions to Burlingame. those could be moved forward simultaneously with the CH Annex construction, it would feel like that housing would be addressing this new building’s housing implications and d effort is not tied to any other group or We are not asking for a pause in the work We just want this building and its surroundings to be enduring and an integral part of our downtown. the Council might still see subtle but important and possible tweaks to the building itself, we would be happy to interact with your architectural team as well. We would humbly ask for a continued discussion with the Council in the first week of May so we could be much more specific and report on how our ideas could be in harmony with the Parks people and the Council. Ward Hauenstein had mentioned the possibility of putting up story poles on the CH annex building site. Would that still be a possibility? Harry Teague and Bill Stirling E, SUITE 101, ASPEN, CO 81611 could give us the green light to coordinate with the Jeff Woods on our ideas, that would be an effective way for us to We want to see the relationship City Hall annex and the fabled Rio Grande A letter from the Acting City Manager to Jeff Woods encouraging him to work with our We know the Council is considering at least 3 new affordable ousing projects, including the additions to Burlingame. If those could be moved forward simultaneously with the CH Annex construction, it would feel like that housing would be addressing this new building’s housing implications and d effort is not tied to any other group or We are not asking for a pause in the work We just want this building and its surroundings to be enduring and an integral part of our downtown. Where rtant and possible tweaks to the building itself, we would be happy to We would humbly ask for a continued discussion with the Council in the first week of May so we could be much more how our ideas could be in harmony Ward Hauenstein had mentioned the possibility of putting up story poles on the Would that still be a possibility? P5 I. TO: Mayor Skadron and City Council FROM: Phillip Supino, Principal Long Kara Silbernagel THRU: Jessica Garrow, RE: Census 2020 Outreach MEETING DATE: April 9, 2019, 4pm REQUEST OF COUNCIL: The Decennial Census is April 1, 2020. In an effort to County, the City of Aspen, and Town of Snowmass Village are collaborating on a year campaign in coordination with the State of Colorado and U.S. Census. an update on work related to the 2020 Census BACKGROUND: Every 10 years, the U.S. Census bureau completes a complete count of every residing in the United States. The results of this count representation. The State of Colorado estimates that each person counted represents $2,300 annually in federal, state and local dollars. In Pitkin County this represents approximately $40 million dollars annually. These dollars support everything from funding fo indirect opportunities. Research completed by the City of Aspen in 2018 estimates that 1 leading to an estimated $400,000 annually that was not distributed back to the was significant federal funding to support local outreach efforts due the American Recovery and Reinvestment Act (ARRA). However, reduced, making local campaigns all the more critical to get a full count. Compounding the limited funding in 2020 completed online. Although the Census Day is April 1, 2020, individuals will be able to complete the Census beginning on March 19, 2020. It is not currently known if there will be a hard Secondarily, the Census will also occur in the middle of the 2020 presidential primaries. It is essential for a local campaign to get the message out given the changes and competing interests In 2018, the City budgeted $15,000 to support research and planning for the 2020 Census. The research focused on identifying areas of undercount in the 2000 and 2010 Census. the 2019 budget to support the development of Census. The County, in partnership with City of Aspen and Town of Snowmass Village develop an outreach campaign to encourage Census participation in 2020. That campaign plan, along with staff analysis of the potential obstacles to a complete count in the Roaring Fork Valley, and potential strategies to overcome those obstacles QUESTIONS FOR COUNCIL: Memorandum Mayor Skadron and City Council Phillip Supino, Principal Long-Range Planner Silbernagel, Assistant to the County Manager Jessica Garrow, Community Development Director Census 2020 Outreach , 4pm The Decennial Census is April 1, 2020. In an effort to count every resident, Pitkin ounty, the City of Aspen, and Town of Snowmass Village are collaborating on a year campaign in coordination with the State of Colorado and U.S. Census. At the work session, s work related to the 2020 Census. No action is requested at this time. Every 10 years, the U.S. Census bureau completes a complete count of every in the United States. The results of this count are essential for federal, state and local funding, and entation. The State of Colorado estimates that each person counted represents $2,300 annually in federal, state and local dollars. In Pitkin County this represents approximately $40 million dollars annually. These dollars support everything from funding for roads, health and human services and innumerable Research completed by the City of Aspen in 2018 estimates that 1-3% of Pitkin County was undercounted $400,000 annually that was not distributed back to the community. In 2010, there was significant federal funding to support local outreach efforts due the American Recovery and in 2020, funding for census outreach and workers has been severely all the more critical to get a full count. Compounding the limited funding in 2020, this Decennial Census represents the first time it will be completed online. Although the Census Day is April 1, 2020, individuals will be able to complete the Census . It is not currently known if there will be a hard-copy opti Secondarily, the Census will also occur in the middle of the 2020 presidential primaries. It is essential for a local campaign to get the message out given the changes and competing interests occurring ted $15,000 to support research and planning for the 2020 Census. The research focused on identifying areas of undercount in the 2000 and 2010 Census. Pitkin County allocated $15,000 in the development of an outreach strategy to encourage participation in the 2020 The County, in partnership with City of Aspen and Town of Snowmass Village to encourage Census participation in 2020. That campaign plan, along with alysis of the potential obstacles to a complete count in the Roaring Fork Valley, and potential strategies to overcome those obstacles, will be presented to Council at a future work session count every resident, Pitkin ounty, the City of Aspen, and Town of Snowmass Village are collaborating on a year-long Census support At the work session, staff will provide Every 10 years, the U.S. Census bureau completes a complete count of every person essential for federal, state and local funding, and entation. The State of Colorado estimates that each person counted represents $2,300 annually in federal, state and local dollars. In Pitkin County this represents approximately $40 million dollars annually. r roads, health and human services and innumerable 3% of Pitkin County was undercounted community. In 2010, there was significant federal funding to support local outreach efforts due the American Recovery and in 2020, funding for census outreach and workers has been severely this Decennial Census represents the first time it will be completed online. Although the Census Day is April 1, 2020, individuals will be able to complete the Census copy option for completion. Secondarily, the Census will also occur in the middle of the 2020 presidential primaries. It is essential for a occurring next year. ted $15,000 to support research and planning for the 2020 Census. The research Pitkin County allocated $15,000 in o encourage participation in the 2020 The County, in partnership with City of Aspen and Town of Snowmass Village, are collaborating to to encourage Census participation in 2020. That campaign plan, along with alysis of the potential obstacles to a complete count in the Roaring Fork Valley, and potential Council at a future work session. P6 II. Page 2 of 2 · Does Council support organizing efforts to ensure a complete count in the 2020 Census? · Does Council support City staff’s ongoing partnership with Pitkin County and Town of Snowmass Village to organize for the 2020 Census? BUDGETARY IMPACT: None at this time. NEXT STEPS: If Council supports continued use of staff resources to organize for the 2020 Census, next steps include: · Continue to collaborate with valley partners to organize for the 2020 Census. · Continue to serve on the State of Colorado Complete Count Committee. · Build a Roaring Fork Valley Complete Count Committee to support the execution of the 2020 Census. · Assess and strategize to overcome obstacles to a complete count in the Roaring Fork Valley. RECOMMENDED ACTION: Update only. ATTACHMENTS: Exhibit A – None. P7 II. MEMORANDUM TO: Mayor and City Council FROM: Sara Ott, Interim City Manager MEETING DATE: April 9, 2019 RE: Revised Intergovernmental Agreement for governance of APCHA REQUEST OF COUNCIL: To discuss and advance key terms for an amended intergovernmental agreement governing the Aspen/Pitkin County Housing Authority (APCHA). SUMMARY: In 2018, the governing bodies of Pitkin County and the City of Aspen focused time at joint meetings on amendments to the current intergovernmental agreement (IGA) for APCHA to address governance concerns by both bodies. The most recent joint meeting occurred on February 5, 2019 in which several details related to the new the board of directors composition were agreed upon with direction given for the City and County managers to solidify specific language to implement the governing bodies’ direction. The attached redline document is a combined effort of city and county staff to incorporate this direction. It is being presented to City Council for review on April 9th and is scheduled for review by the Board of County Commissioners on April 16th. The City and County managers will be attending both work sessions to assist with any questions or intent in the proposed language. DISCUSSION: The attached redline implements a reconstituted APCHA Board of Directors with five members, three which represent the community at large and two elected officials that represent their respective governing body. There are also alternates for elected officials. The Council is welcome to discuss any portion of the document and for the ease of review, I will present the changes in order of the document, paragraph by paragraph, to ensure the intent of the majority of City Council is accurately reflected. Also, there are sections of the 5th amended IGA that specifically address housing development activities by Pitkin County. The County staff anticipate requesting the BOCC remove this language because it does not reflect the current practice. I do not plan to present the County’s rationale for this change, as it does not impact the City’s obligations or commitments within the IGA. Remaining topic areas, such as fiscal agent and the executive director reporting relationship are not changed from the current status in this proposed document. At this time, I recommend moving forward with this first major change to address the Board of Directors composition, and that the remaining aforementioned issues be evaluated at a future date. P8 III. After this work session and the BOCC work session on April 16th, City and County staff will refine the language and move forward with outlining an adoption process and possible joint appointment process for the governing bodies’ consideration. FINANCIAL/BUDGET IMPACTS: The changes proposed have a minimum financial impact. The most likely expenses are related to implementing the hearing officer model that is currently under consideration by the current APCHA Board, City Council and the Board of County Commissioners. Its assumed that those changes will go forward independent of the IGA amendments. STAFF RECOMMENDATION: Affirm or correct the proposed IGA amendments. Attachment: Draft sixth IGA redline Draft sixth IGA clean version P9 III. Fifth Sixth Amended Intergovernmental Agreement Page 1 FIFTHSixth AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT ASPEN/PITKIN COUNTY HOUSING AUTHORITY This FIFTHSIXTH AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as “Agreement”), made and entered into this ____ day of December 2013,________, by and between the CITY OF ASPEN, Colorado, a home rule municipal corporation (hereinafter referred to as “City”) and the BOARD OF COUNTY COMMISSIONERS of Pitkin County, Colorado, a body corporate and politic (hereinafter referred to as “County”): W I T N E S S E T H: WHEREAS, the City is authorized by Article XX, Section 6 of the Colorado Constitution and City and County are each authorized by Article XIV, Section 18 of the Colorado Constitution, Section 29-1- 204.5, Colorado Revised Statutes to contract with each other to establish a multi-jurisdictional housing authority as a separate government entity; and WHEREAS, the City and County entered into an Intergovernmental Agreement on January 9, 1984, an Amended and Restated Intergovernmental Agreement on September 26, 1989, a Second Amended and Restated Intergovernmental Agreement on September 13, 1999, a Third Amended and Restated Intergovernmental Agreement on October 28, 2002, and a Fourth Amended and Restated Intergovernmental Agreement on December 20, 2007, and a Fifth Amended and Restated Intergovernmental Agreement on December, ___, 2013 establishing a multi-jurisdictional housing authority under the provision of C.R.S. 1973, Section 29-1-204.5 which authority is known as the Aspen/Pitkin County Housing Authority (hereinafter referred to as “Authority”) for the purpose of providing a program and a system to assure the existence of a supply of desirable and affordable housing for permanent residents, persons employed in the City or the County, senior citizens, disabled persons and other population segments residing or needing to reside in the Roaring Fork Valley which are necessary for a balanced community; and WHEREAS, the City and County desire to create an independent housing authority that has all of the powers set forth at Section 29-1-204.5, C.R.S., and that will function as an advisory and recommending board to the Aspen City Council and the Board of County Commissioners on all matters relating to affordable housing in their respective jurisdictions;.; and WHEREAS, the City and the County desire to further amend and to restate the FourthFifth Amended Intergovernmental Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived hereby, the City and the County amend and restate the Intergovernmental Agreement of January 9, 1984, the Amended and Restated Intergovernmental Agreement on September 26, 1989, the Second Amended and Restated Intergovernmental Agreement on September 13, 1989, the Third Amended and Restated Intergovernmental Agreement on October 28, 2002, the Fourth Amended and Restated Intergovernmental Agreement on December 20, 2007, and the Fifththe Fifth Amended and Restated Intergovernmental Agreement on December, ___, 2013, and the Sixth Amended and Restated Intergovernmental Agreement effective on the date first stated above, and said Agreement shall replace and supersede all prior agreements of any kind, to the extent and for the limited purpose as such other agreements may be related to the provision of services by the Aspen/Pitkin County Housing Authority, and the previous Agreement as amended is hereby cancelled and of no further effect, and to read as follows: I. MULTI-JURISDICTIONAL HOUSING AUTHORITY – PURPOSE: P10 III. Fifth Sixth Amended Intergovernmental Agreement Page 2 The Aspen/Pitkin County Housing Authority (hereinafter referred to as “Authority”) has been established as a multi-jurisdictional housing authority for the purpose of assisting the City and County, upon request by either party, in effecting the planning, financing, acquisition, construction, development, reconstruction or repair, maintenance, management and operation of housing projects pursuant to a multi- jurisdictional plan to provide residential facilities and dwelling accommodations at rental or sale prices within the means of families or persons of low, moderate and middle income who are employed in the City or the County, who reside or need to reside in the City or County, and who have identifiable needs for affordable housing; e.g., limited incomes, senior citizens and disabled persons, as defined by the Authority in published guidelines. The Authority shall be a political subdivision and a public corporation for the State of Colorado, separate from the City and County, and shall be a validly created and existing political subdivision and public corporation of the State of Colorado. It shall have the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate. The provisions of Articles 10.5 (the “Public Deposit Protection Act”) of Title 11, Colorado Revised Statues, shall apply to monies of the Authority. The Authority shall have any and all powers, duties, rights and obligations as such are set forth herein and subject to the terms and conditions of this Agreement. In order to facilitate management oversight and to provide additional resources to the Authority, the Authority shall delegate to the City certain administrative functions as more fully described herein: II. BOARD OF DIRECTORS: A. Number, Manner of Appointment, Qualifications, etc.: The Board shall consist of seven (7five (5) directors (hereinafter referred to as “Directors”), and one (1) alternate, serving staggered termstwo (2) alternates to be appointed as follows: Three Directors 1. One (1) Director shall be appointed by the Boarda member of County Commissioners. 2.1. Three Directors the City Council and shall be appointed by the City Council. One (1) Director shall be a member of the Board of County Commissioners and shall be appointed by the Board of County Commissioners. 3.2. One (1) Alternate Director and one alternate shall be shall be a member of the Board of County Commissioners and shall be appointed jointly by the Board of County Commissioners and . One (1) Alternate Director shall be a member of the City Council and shall be appointed by the City Council. In the event the Director from the Aspen City Council or the Director from the Board of Commissioners are not present they may only be represented by the Alternate Director appointed from their respective elected body. 3. Three Directors shall be jointly appointed by the City Council and Board of County Commissioners, and shall serve staggered terms.. 4. As soon as reasonable after the effective date of this Amended Agreement, the City Council and the Board of County Commissioners shall jointly appoint two additionalthree (3) Directors – one by the BOCC and one by the City Council. All Directors shall be appointed for a four-year term. Each director will be term limited to two (2) consecutive four-year terms. A one-year absence from the Authority Board will be required before a director can reapply. Terms limits will begin with the approval of the FifthSixth Amended Intergovernmental Agreement. To initiate staggered term, the first term for each P11 III. Fifth Sixth Amended Intergovernmental Agreement Page 3 appointment shall be: one (1) Director for two (2) years, one (1) Director for three (3) years, one (1) Director for four (4) years. 5. Directors and the Alternate DirectorDirectors shall continue to serve as Directors until such time as a successor has been appointed. 6. Jointly appointed Directors appointed by the City Council may be removed at the sole discretionrecommendation of the Authority Board with approval from City Council. Directors appointed by the and County Commissioners may be removed at the sole discretion of the County Commissioners. The Jointly appointed Director and the Alternate Director may be removed at the sole discretion of either the City Council or County Commissioners.. Upon the removal of a Director or Alternate Jointly appointed Director, a replacement shall be appointed by the respective governmental entity(ies) that originally appointed the Director for the unexpired term of the removed Director or Alternate Directorpursuant to paragraph 2(A)1 of this agreement. Directors appointed from the City Council and Board of County Commissioners shall serve at the pleasure of their respective elected bodies. B. Officers. The officers of the Authority shall be a Chair, a Vice Chair, a Treasurer, and a Secretary. 1. Chair. The Chair shall preside at all meetings of the Authority. At each meeting, the Chair shall submit such recommendations and information as she or he may consider proper concerning the business, affairs and policies of the Authority. 2. Vice Chair. The Vice Chair shall perform the duties of the Chair in the absence or incapacity of the Chair; and in case of the resignation or death of the Chair, the Vice Chair shall perform such duties as are imposed on the Chair until such time as the Authority shall select a new Chair. 3. Treasurer. The Treasurer shall perform the duties of the Chair in the absence or incapacity of both the Chair and the Vice Chair. With respect to expenses incurred directly by the Authority (as distinguished from expenses of either the City or County for affordable housing projects and their operations), either the Treasurer or the Secretary shall approve all orders and checks for payment of money and shall payout and disburse such monies under the direction of the City's Finance Director. The Treasurer shall serve as advisor to the Authority and the Board on financial matters. 4. Secretary. The Secretary shall ensure that the records of the Authority are properly maintained, shall act as Secretary of the meetings of the Authority and ensure that all votes are recorded, and shall ensure that a record of the proceedings of the Authority are maintained in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to his or her office. 5. Election or Appointment. The Chair, Vice Chair, Treasurer, and Secretary shall be elected at the annual meeting of the Authority from among the Directors of the Board, and shall hold office for one year or until their successors are elected and qualified. P12 III. Fifth Sixth Amended Intergovernmental Agreement Page 4 6. Vacancies. Should the office of Chair, Vice Chair, Treasurer, or Secretary become vacant, the Board shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. C. Voting Requirements: 1. Quorum. The powers of the Authority shall be vested in the Directors of the Board in office from time to time. FourThree (3) Directors of the Board, with a representative from the City Council and a representative from the County Commissioners present, shall constitute a quorum for the purpose of conducting Authority business and exercising Authority powers and for all other purposes. When a quorum is in attendance, action may be taken by the Authority upon a vote of a majority of the Directors of the Board present. The Alternate DirectorDirectors may be counted for purposes of determining the existence of a quorum at a meeting and may have his or her vote counted only if at least one Director is not present.. . 2. Manner of Voting. The voting on all questions coming before the Authority shall be by roll call, and the yeas and nays shall be entered upon the minutes of each meeting by name, except on the election of officers that may be by ballot. D. Duties of the Officers. The officers of the Authority shall perform the duties and functions of the Authority as prescribed herein and such other duties and functions as may from time to time be required by the Authority, the by-laws or rules and regulations of the Authority, or upon the request of the City and County. III. DUTIES OF THE PARTIES: A. Personnel. 1. An Executive Director of the Authority shall be employed by the City who shall report to and be supervised by the City Manager. The City Manager and County Manager shall jointly hire the Executive Director. The City Manager shall have the authority to terminate the employment of the Executive Director in accordance with City Personnel Policies and Procedures, but shall exercise this authority only after reasonable consultation with the County Manager. 2. The Executive Director and all other personnel employed to work under the supervision of the Executive Director shall be City employees, subject to the City's payroll, benefits, and personnel policies and procedures (including disciplinary procedures). 3. The Executive Director shall work under the supervision of the City Manager and shall receive work assignments from the City Manager. Directors of consistent with the HousingStrategic Plan and Annual Work Plan/Budget (see section C1). The Authority Board may suggest work assignments for the Executive ManagerDirector to the City Manager, but shall have no authority to directly assign work, tasks, or priorities to the Executive Director or any of his or her staff. P13 III. Fifth Sixth Amended Intergovernmental Agreement Page 5 4. Nothing in this Agreement shall create, or is intended to create, or shall be construed to constitute a contract of employment, express or implied, between the Executive Director and the Authority, the City or the County. B. Finances and Accounting. 1. The Executive Director shall annually consult and cooperatively work with the City and County Finance Directors or their representatives to prepare proposed budgets for the City and County relating to affordable housing in their respective jurisdictions. The Authority Board, upon reviewing the annual work plan and budget as presented by the Executive Director shall make recommendation to the City and County for their adoption. The annual budgets shall include funds necessary to reimburse the City for overhead expenses for personnel, finance, administrative, legal, and asset management services consistent with fees charged to other City departments. 2. The Executive Director shall annually consult and cooperatively work with the City's Finance Director or their representative to ensure the proper care and custody of all funds of the Authority, the prompt payment of all obligations of the Authority, and the keeping of regular books of accounts showing receipts and expenditures of the Authority. The Executive Director shall render to the Authority, the City and the County, at their regular meetings, or sooner if requested, an account of Authority transactions and also of the financial condition of the Authority. The Executive Director shall give such bond for the faithful performance of his or her duties as the City may require. 3. All accounting, payroll, and audit services for the Authority shall be performed by the Finance Department of the City. 4. The City’s procurement policies, contract documents, and approval policies shall be used for all procurements of goods and services of the Authority except for any goods or services purchased entirely for County projects. A County project shall be defined for purposes of this section as any purchase for goods or services funded entirely by County funds or a combination of County funds and funds from a source other than from the City.. 5.4. For each fiscal year of the City, the County and the Authority (each January 1 through each December 31), the City and County shall each appropriate their prorated share of operational monies necessary to provide for any budgeted deficit arising in connection with the Authority's operations which has been approved by the City and County, provided, however, that bonds, notes or other obligations payable solely from revenues as described in Section III hereof shall never constitute an indebtedness of the City or the County. The City and County shall each pay for 50% of the normal operating expenses of the Housing Office.Authority. This shall include such normal operating expenses as guideline development, qualifying applicants, enforcement, property management, etc. The City and County shall pay its share of any special projects, which either party may request to be included in the Annual Work Plan. 6.5. The County shall pay to the City for the benefit of the Authority its share of the Authority's annual budget upon the request of the Finance Director of the City. Both the City Council and the Board of County Commissioners shall approve any increases to the expense budget. 7.6. On or before AprilJune 15 of each fiscal year, the actual operations for the Authority for the immediate preceding fiscal year shall be reviewed by the City and County Finance P14 III. Fifth Sixth Amended Intergovernmental Agreement Page 6 Directors with the Executive Director for the determination of any necessary final reimbursements (and, therefore, necessary supplemental appropriations of monies by the City and the County) as a result of any non-budget appropriation of Authority staff or expenditure. The City and County hereby agree to make all necessary appropriations within a reasonable time to reconcile the final appropriations of each entity. C. Operations. 1. Strategic Plan and Annual Work Plan. The/Budget: In the first year of this agreement the Executive Director, will work with the assistance of APCHA Board to create a strategic plan defining the overall mission, vision, values and key objectives of APCHA. The strategic plan shall be ratified by the City Council and Board of Commissioners and shall be updated at a minimum every five years. Changes to the Strategic plan shall be ratified by the City Council and Board of Commissioners. Pursuant to the approved strategic plan the Authority Board, working with the Executive Director, shall annually prepare a detailed Annual Work Planan annual work plan and budget that specifies goals, tasks, responsible employees and, timelines, and required budget for the operation of the Authority. The Annual Work Planannual work plan and budget shall include a summary detailing progress made in the implementation of action plansobjectives set forth in any adopted Housing Strategic Plan and recommendations for changes to the Housing Strategic Plan.the APCHA strategic plan. Following the reviewfinalization of the Annual Work Planannual work plan by the Authority Board, the Executive Director shall meet with the City Manage for approval. and County Managers. The Authority shall review the Annual Work Plan as approved by the City and County Managersshall be presented in August for the following Calendar Year and shall make recommendationsbe the basis of the Authority’s funding request to the City and County for its approval and adoption. Upon the adoption of the Annual Work Plan by the City or County, the Executive Director shall regularly meet with the City and County Managers to review the progress of the implementation of the Annual Work Plan. 2. Annual Affordable Housing Guidelines. The Executive Director shall review the Affordable Housing Guidelines when necessary, including updates and recommendations for changes every year that: a. Identifies category qualifications for ownership and rental housing within the City and County for the population segments identified by the Authority as required by existing agreements and land use regulations. b. The Authority Board shall review the Affordable Housing Guidelines, including deletions and additions, submitted to it by the Executive Director. Final approval of Guideline changes shall be made by the APCHAAuthority Board. Guideline changes shall be brought forward in a resolution with public comment throughthat shall require two readings separated by a minimum of 10 business days and a public hearing process. The resolution will be brought forward toand public comment at the City Council and the BOCC for their review. There shall be an appeals process via a Call-up Procedure as stated below:second reading. • Call-up and Notice to City Council and the Board of County Commissioners. Following the adoption of an APCHA Board resolution approving changes and/or additions to the Affordable Housing Guidelines, notification will be provided to the City Council and the Board of County Commissioners. The notification shall consist of a description in written form of the change and/or addition and the P15 III. Fifth Sixth Amended Intergovernmental Agreement Page 7 reasoning behind the change and/or addition. As soon as it can be scheduled, the notification shall be placed on the Consent Agenda of a regular City Council meeting and a Memorandum of Interest shall be provided to the Board of County Commissioners containing the same language. • The City Council and the BOCC will have 60 days from the date that the information was provided to the respective entity. If a call-up is not requested within the 60 days, the policy will be incorporated into the Guidelines. The Housing Authority. The Authority shall meet monthly to conduct its business 3. The Authority. The Authority Board shall meet at least monthly to conduct its business. All meetings of the Authority shall be conducted in accordance with the Colorado Open Meetings Law, Sections 24-6-401, et seq., C.R.S. and the City of Aspen Municipal Code. The Authority shall be responsible for the following duties: a. To act as affordable housing advocates in all of its business by representing the views and perspectives of the larger communities of the City and County and translating those views and perspectives into concrete recommendations to the City and County; and b. To review and make recommendations to the City and County with respect to the Strategic Plan, Annual Work Plan/Budget, Housing Guidelines, Affordable Housing Action Plans of the Aspen Area Community Plan, any Affordable Housing Strategic Plans adopted by the City or County, and advise on any other affordable housing related matters referred to it by either the City or County; and c. To review specific development proposals initiated by the City or County and make recommendations thereon upon the request of either the City or County; and d. To assist the City, County, and Executive Director, upon request, to define the need, planning, undertaking, construction, operation, or financing of low, lower moderate, upper moderate, middle and upper middle income housing for the population segments designated here or identified by the Authority residing in or needing to reside in the City or the County; and e. To assist the City, County and Executive Director, upon request, to plan, finance, acquire, construct, reconstruct or repair, maintain, manage, and operate housing projects pursuant to the Annual Work Plan; and f. To assist the City, County and Executive Director, upon request, to purchase, acquire, obtain options, hold; lease (as lessor or lessee), sell, or otherwise dispose of any real or personal property, commodity, or service from firms, corporations, the City, the County, other governmental entities or any other persons; and g. To assist the City, County and Executive Director, upon request, to investigate housing needs within the jurisdiction of the City or the County and the means and methods for improving those conditions; and h. To review growth management policy applications (or equivalent application procedures as the same are developed or established from time to time) by developers for low, lower moderate; upper moderate, middle and upper middle income housing in P16 III. Fifth Sixth Amended Intergovernmental Agreement Page 8 the City or the County as requested by the respective Community Development Departments of the City or the County for conformance with housing needs; and i. To enforceoversee enforcement all aspects of the affordable housing program, including, but not necessarily limited to, deed restrictions, guidelines, and qualifications; and j.i. To establishincluding establishing a system to hear appeals from the interpretation or implementation of the Affordable Housing Guidelines and issue final administrative determinations on such appeals. 4. The Executive Director. The Executive Director shall be responsible for the following duties in addition to any duties assigned to him or her by the City Manager: a. Working closing with the County and City Managers to develop an Annual Work Plan and thereafter implementing said Work Plan under the supervision of the City Manager; and b. Maintaining records of existing low, lower moderate, upper moderate, middle and upper middle income rental or resale restricted housing for the population segments designated herein or identified by the Authority and assure that such housing is used and occupied in accordance with existing City or County development approvals, contracts, or financing requirements; and c. Taking all steps reasonably necessary to assure that all deed restricted units of housing comply with City and County regulations or resolutions concerning rental or resale restricted housing; and d. Negotiating contracts as required to provide for management of deed-restricted Authority units (as that term is defined in the Affordable Housing Guidelines as such guidelines are published, modified, amended and supplemented from time to time); and e. To review and recommend establishment of a computerized rental availability record system for use by the City, the County, the population segments designated herein or identified by the Authority and members of the general public; and f. Taking all steps reasonably necessary to provide forOversee the process for marketing and reviewing qualification of applicants for rental deed restricted or for sale affordable housing units, and for marketing, reviewing qualifications of applicants for, and arranging for transfer of title of deed restricted units; and g. InvestigatingInvestigate and maintain data indicating housing needs within the jurisdiction of the City or the County for the population segments designated herein or identified by the Authority and the means and methods for improving those conditions; and h. To develop review Aspen Area Community Plan and County strategic initiative related to housing and recommend code changes associated with the provisions of the current County Strategic Plan, Housing subsection, or the current Housing subsection of the P17 III. Fifth Sixth Amended Intergovernmental Agreement Page 9 City's Aspen Area Community Plan (o of said plans as they are modified, amended and supplemented from time to time); and. i. To maintain data indicating housing needs in the City and the County for the population segments designated herein or identified by the Authority. 5. Project Management Services by the City. The City and County acknowledge that the City, because of its current personnel and expertise in construction management, is in a better position than the County to provide construction management services for the development and construction of affordable housing. The City agrees to negotiate in good faith with the County to provide construction management services for County-funded and sponsored affordable housing projects. Said agreements shall be on a case-by-case basis and shall include provisions for scope of services to be provided, reimbursement schedules, management responsibilities, and appropriate indemnification and insurance. The parties hereto agree that the City shall not be required to provide construction management services at any time that the City, in its sole discretion, determines that it does not have the personnel or resources to provide such services. D. Long-Range Planning. Housing Strategic Plan: The City and the County, individually or jointly, may periodically adopt a Housing Strategic Plan to assist City, County and Authority in the development of priorities, policies, and implementing actions that maximize affordable housing development. Financial support shall be designated to the City or County based on who is directly benefiting from the effort. The Housing Strategic Plan may include the following: • Identification of existing community housing needs by type. • Determination of the potential development of affordable sites located within the jurisdiction of the City or County. • Evaluation of the economic performance of the City's or County's affordable housing sites and prototype projects and comparisons of their relative costs and benefits. • Specifications for an affordable housing program and phasing schedule that best meets program objectives consistent with available funding sources and levels. • Recommendations for strategies and actions that implement the housing development program It is agreed that when this document uses the phrase "Housing Strategic Plan" it is referring to either the County Strategic Plan's Housing subsection, or the Housing section of the City's "Aspen Area Community Plan ". • IV. BONDS, NOTES AND OTHER OBLIGATIONS: A. The bonds, notes, and other obligations of the Authority shall not be the debts, liabilities, or obligations of the City or the County unless expressly assumed by the City or the County. B. The City and the County may provide for payment to the Authority of funds from proprietary revenues for services rendered or facilities provided by the Authority, from proprietary revenues or other public funds as contributions to defray the cost of any purpose set forth herein, and from proprietary revenues or other public funds as advances for any purpose subject to repayment by the Authority. P18 III. Fifth Sixth Amended Intergovernmental Agreement Page 10 C. To carry out the purposes for which the Authority was established, the Authority is authorized to issue bonds, notes, or other obligations payable solely from the revenues derived or to be derived from the function, service, or facilities of the Authority or from any other available funds of the Authority. The terms, conditions, and details of said bonds, notes, and other obligations, the procedures related thereto, and the refunding thereof shall be set forth in the resolution authorizing said bonds, notes, or other obligations and shall, as nearly as may be practicable, be substantially the same as those provided by law for any of the contracting parties to this Intergovernmental Agreement; except that bonds, notes, or other obligations so issued shall not constitute an indebtedness of the Authority, the City or the County within the meaning of any constitutional, home rule charter or statutory limitation or other provision unless expressly assumed by the City or the County. Each bond, note, or other obligation issued under this subsection shall recite in substance that said bond, note, or other obligation, including the interest thereon, is payable solely from the revenues and other available funds of the Authority pledged for the payment thereof unless expressly assumed by the City or the County and that said bond, note, or other obligation does not constitute a debt of the Authority, the City or the County or within the meaning of any constitutional, home rule charter or statutory limitations or provisions unless expressly assumed by the City or the County. Notwithstanding anything in this Section IV to the contrary, such bonds, notes, and other obligations may be issued to mature at such times not beyond forty (40) years from their respective issue dates, shall bear interest at such rates, and shall be sold at such prices at, above or below the principal amount thereof, as shall be determined by the Board. D. The resolution, trust indenture, or other security agreement under which any bonds, notes, or other obligations are issued shall constitute a contract with the holders thereof, and it may contain such provisions as shall be determined by the Board to be appropriate and necessary in connection with the issuance thereof and to provide security for the payment thereof, including, without limitation, any mortgage or other security interest in any revenues, funds, rights, or properties of the Authority. The bonds, notes and other obligations of the Authority and the income therefrom are exempt from taxation, except inheritance, estate, and transfer taxes pursuant to the Colorado Revised Statutes. V. LEGAL ASSISTANCE: Legal assistance for the Authority shall be provided both by the City and County Attorney's Office for specific problems related to Authority programs; subject, however, to the availability of staff time of the respective attorney offices. The Executive Director may retain independent counsel whenever the City or County Attorney's Offices are unable or unwilling to provide legal representation to the Authority. In addition, the Executive DirectorThe Authority Board may retain independent legal counsel, as needed, for day-to-day consultation and legal advice. The City Attorney shall review all contract documents that purport to legally obligate the City in any fashion. The County Attorney shall review all contract documents that purport to legally obligate the County in any fashion. VI. DISPOSITION OF ASSETS UPON TERMINATION: In the event of the termination of this Intergovernmental Agreement which termination may only occur in accordance with the requirements and limitations of Section VII hereof, and the resulting dissolution of the Authority, the assets of the Authority shall be distributed as follows: P19 III. Fifth Sixth Amended Intergovernmental Agreement Page 11 A. All assets acquired from contributions from the City or the County shall be returned to the contributing party if said assets are still in existence. B. If assets contributed to the Authority are not in existence, the contributing party shall have the option of receiving the fair market value of the asset at the time of disposal by the Authority in either cash or assets of the Authority. C. All remaining assets acquired by the Authority after the date of this Intergovernmental Agreement from funds provided by the parties shall be distributed to the parties on the basis of the appraised value of said assets at the time of termination and in the same proportion as the respective contributions of funds by the parties for acquisition of the asset. D. The City and the County may agree to dispose of any assets of the Authority in any other acceptable manner. E. If the City and he County cannot agree on the disposition of any assets of the Authority within sixty (60) days after termination, said assets shall be subject to an independent appraisal and shall be sold at public auction as soon as practicable with the proceeds allocated to the City and the County in the same proportion as the total contribution of funds by the respective parties for acquisition of the asset. VII. ANNUAL RENEWAL AND TERMINATION: The term of this Intergovernmental Agreement shall be from the effective date hereof through December 31, 2013,__________, _________, and shall automatically be renewed for successive one-year periods thereafter. Either party hereto may terminate this Intergovernmental Agreement for any reason upon ninety (90) days' written notice, provided, however, that this Intergovernmental Agreement may not be terminated or rescinded so long as the Authority has bonds, notes, or other obligations outstanding, unless provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to the terms of such obligations; provided, however, that if full payment has been provided by escrow, such termination or rescission shall not occur unless nationally recognized bond counsel has delivered an opinion to the effect that such termination or rescission, in and of itself, will not adversely affect the tax status of the interest on such escrowed obligations. Furthermore, this Intergovernmental Agreement may not be terminated if the Authority has obligations to the U.S. Department of Housing and Urban Development under any Low Rent Public Housing Program, or other similar program, unless those obligations are assumed by the City or the County. VIII. MODIFICATION OF THIS AGREEMENT: This Agreement may be modified by written amendment approved by the City Council and Board of County Commissioners, acting separate. IX. 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: P20 III. Fifth Sixth Amended Intergovernmental Agreement Page 12 City of Aspen, Colorado Board of County Commissioners c/o City Manager c/o County Manager 130 South Galena Street 530 East Main Street, 3rd FloorSuite 302 Aspen, Colorado 81611 Aspen, Colorado 81611 Aspen/Pitkin County Housing Authority c/o Executive Director 530 East Main Street, Lower Level 210 E. Hyman Ave., Suite 202 Aspen, CO 81611 IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement on the day and year first above written. ATTEST: CITY COUNCIL OF ASPEN, COLORADO _________________________________ ______________________________________ Kathryn S. KochLinda Manning, Clerk Steven Skadron, Mayor APPROVED AS TO FORM: _________________________________ James True, City Attorney BOARD OF COUNTY COMMISSIONERS OF ATTEST: PITKIN COUNTY, COLORADO _________________________________ _____________________________________ Jeanette Jones, Clerk and Recorder George NewmanGreg Poschman, Chairperson APPROVED AS TO FORM: _________________________________ John Ely, County Attorney P21 III. Sixth Amended Intergovernmental Agreement Page 1 Sixth AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT ASPEN/PITKIN COUNTY HOUSING AUTHORITY This SIXTH AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as “Agreement”), made and entered into this ____ day of ________, by and between the CITY OF ASPEN, Colorado, a home rule municipal corporation (hereinafter referred to as “City”) and the BOARD OF COUNTY COMMISSIONERS of Pitkin County, Colorado, a body corporate and politic (hereinafter referred to as “County”): W I T N E S S E T H: WHEREAS, the City is authorized by Article XX, Section 6 of the Colorado Constitution and City and County are each authorized by Article XIV, Section 18 of the Colorado Constitution, Section 29- 1-204.5, Colorado Revised Statutes to contract with each other to establish a multi-jurisdictional housing authority as a separate government entity; and WHEREAS, the City and County entered into an Intergovernmental Agreement on January 9, 1984, an Amended and Restated Intergovernmental Agreement on September 26, 1989, a Second Amended and Restated Intergovernmental Agreement on September 13, 1999, a Third Amended and Restated Intergovernmental Agreement on October 28, 2002, a Fourth Amended and Restated Intergovernmental Agreement on December 20, 2007, and a Fifth Amended and Restated Intergovernmental Agreement on December, ___, 2013 establishing a multi-jurisdictional housing authority under the provision of C.R.S. 1973, Section 29-1-204.5 which authority is known as the Aspen/Pitkin County Housing Authority (hereinafter referred to as “Authority”) for the purpose of providing a program and a system to assure the existence of a supply of desirable and affordable housing for permanent residents, persons employed in the City or the County, senior citizens, disabled persons and other population segments residing or needing to reside in the Roaring Fork Valley which are necessary for a balanced community; and WHEREAS, the City and County desire to create an independent housing authority that has all of the powers set forth at Section 29-1-204.5, C.R.S.; and WHEREAS, the City and the County desire to further amend and to restate the Fifth Amended Intergovernmental Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived hereby, the City and the County amend and restate the Intergovernmental Agreement of January 9, 1984, the Amended and Restated Intergovernmental Agreement on September 26, 1989, the Second Amended and Restated Intergovernmental Agreement on September 13, 1989, the Third Amended and Restated Intergovernmental Agreement on October 28, 2002, the Fourth Amended and Restated Intergovernmental Agreement on December 20, 2007, the Fifth Amended and Restated Intergovernmental Agreement on December, ___, 2013, and the Sixth Amended and Restated Intergovernmental Agreement effective on the date first stated above, and said Agreement shall replace and supersede all prior agreements of any kind, to the extent and for the limited purpose as such other agreements may be related to the provision of services by the Aspen/Pitkin County Housing Authority, and the previous Agreement as amended is hereby cancelled and of no further effect, and to read as follows: I. MULTI-JURISDICTIONAL HOUSING AUTHORITY – PURPOSE: The Aspen/Pitkin County Housing Authority (hereinafter referred to as “Authority”) has been established as a multi-jurisdictional housing authority for the purpose of assisting the City and County, P22 III. Sixth Amended Intergovernmental Agreement Page 2 upon request by either party, in effecting the planning, financing, acquisition, construction, development, reconstruction or repair, maintenance, management and operation of housing projects pursuant to a multi- jurisdictional plan to provide residential facilities and dwelling accommodations at rental or sale prices within the means of families or persons of low, moderate and middle income who are employed in the City or the County, who reside or need to reside in the City or County, and who have identifiable needs for affordable housing; e.g., limited incomes, senior citizens and disabled persons, as defined by the Authority in published guidelines. The Authority shall be a political subdivision and a public corporation for the State of Colorado, separate from the City and County, and shall be a validly created and existing political subdivision and public corporation of the State of Colorado. It shall have the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate. The provisions of Articles 10.5 (the “Public Deposit Protection Act”) of Title 11, Colorado Revised Statues, shall apply to monies of the Authority. The Authority shall have any and all powers, duties, rights and obligations as such are set forth herein and subject to the terms and conditions of this Agreement. In order to facilitate management oversight and to provide additional resources to the Authority, the Authority shall delegate to the City certain administrative functions as more fully described herein: II. BOARD OF DIRECTORS: A. Number, Manner of Appointment, Qualifications, etc.: The Board shall consist of five (5) directors (hereinafter referred to as “Directors”), and two (2) alternates to be appointed as follows: 1. One (1) Director shall be a member of the City Council and shall be appointed by the City Council. One (1) Director shall be a member of the Board of County Commissioners and shall be appointed by the Board of County Commissioners. 2. One (1) Alternate Director shall be shall be a member of the Board of County Commissioners and shall be appointed by the Board of County Commissioners. One (1) Alternate Director shall be a member of the City Council and shall be appointed by the City Council. In the event the Director from the Aspen City Council or the Director from the Board of Commissioners are not present they may only be represented by the Alternate Director appointed from their respective elected body. 3. Three Directors shall be jointly appointed by the City Council and Board of County Commissioners, and shall serve staggered terms.. 4. As soon as reasonable after the effective date of this Amended Agreement, the City Council and the Board of County Commissioners shall jointly appoint three (3) Directors All Directors shall be appointed for a four-year term. Each director will be term limited to two (2) consecutive four-year terms. A one-year absence from the Authority Board will be required before a director can reapply. Terms limits will begin with the approval of the Sixth Amended Intergovernmental Agreement. To initiate staggered term, the first term for each appointment shall be: one (1) Director for two (2) years, one (1) Director for three (3) years, one (1) Director for four (4) years. 5. Directors and the Alternate Directors shall continue to serve as Directors until such time as a successor has been appointed. P23 III. Sixth Amended Intergovernmental Agreement Page 3 6. Jointly appointed Directors may be removed at the recommendation of the Authority Board with approval from City Council and County Commissioners. Upon removal of a Jointly appointed Director, a replacement shall be appointed for the unexpired term of the removed Director pursuant to paragraph 2(A)1 of this agreement. Directors appointed from the City Council and Board of County Commissioners shall serve at the pleasure of their respective elected bodies. B. Officers. The officers of the Authority shall be a Chair, a Vice Chair, a Treasurer, and a Secretary. 1. Chair. The Chair shall preside at all meetings of the Authority. At each meeting, the Chair shall submit such recommendations and information as she or he may consider proper concerning the business, affairs and policies of the Authority. 2. Vice Chair. The Vice Chair shall perform the duties of the Chair in the absence or incapacity of the Chair; and in case of the resignation or death of the Chair, the Vice Chair shall perform such duties as are imposed on the Chair until such time as the Authority shall select a new Chair. 3. Treasurer. The Treasurer shall perform the duties of the Chair in the absence or incapacity of both the Chair and the Vice Chair. With respect to expenses incurred directly by the Authority (as distinguished from expenses of either the City or County for affordable housing projects and their operations), either the Treasurer or the Secretary shall approve all orders and checks for payment of money and shall payout and disburse such monies under the direction of the City's Finance Director. The Treasurer shall serve as advisor to the Authority and the Board on financial matters. 4. Secretary. The Secretary shall ensure that the records of the Authority are properly maintained, shall act as Secretary of the meetings of the Authority and ensure that all votes are recorded, and shall ensure that a record of the proceedings of the Authority are maintained in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to his or her office. 5. Election or Appointment. The Chair, Vice Chair, Treasurer, and Secretary shall be elected at the annual meeting of the Authority from among the Directors of the Board, and shall hold office for one year or until their successors are elected and qualified. 6. Vacancies. Should the office of Chair, Vice Chair, Treasurer, or Secretary become vacant, the Board shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. C. Voting Requirements: 1. Quorum. The powers of the Authority shall be vested in the Directors of the Board in office from time to time. Three (3) Directors of the Board, with a representative from the City Council and a representative from the County Commissioners present, shall constitute a quorum for the purpose of conducting Authority business and exercising Authority powers and for all other purposes. When a quorum is in attendance, action may be taken by the Authority upon a vote of a majority of the Directors of the Board P24 III. Sixth Amended Intergovernmental Agreement Page 4 present. Alternate Directors may be counted for purposes of determining the existence of a quorum at a meeting and may have his or her vote counted. . 2. Manner of Voting. The voting on all questions coming before the Authority shall be by roll call, and the yeas and nays shall be entered upon the minutes of each meeting by name, except on the election of officers that may be by ballot. D. Duties of the Officers. The officers of the Authority shall perform the duties and functions of the Authority as prescribed herein and such other duties and functions as may from time to time be required by the Authority, the by-laws or rules and regulations of the Authority, or upon the request of the City and County. III. DUTIES OF THE PARTIES: A. Personnel. 1. An Executive Director of the Authority shall be employed by the City who shall report to and be supervised by the City Manager. The City Manager and County Manager shall jointly hire the Executive Director. The City Manager shall have the authority to terminate the employment of the Executive Director in accordance with City Personnel Policies and Procedures, but shall exercise this authority only after reasonable consultation with the County Manager. 2. The Executive Director and all other personnel employed to work under the supervision of the Executive Director shall be City employees, subject to the City's payroll, benefits, and personnel policies and procedures (including disciplinary procedures). 3. The Executive Director shall work under the supervision of the City Manager and shall receive work assignments from the City Manager consistent with the Strategic Plan and Annual Work Plan/Budget (see section C1). The Authority Board may suggest work assignments for the Executive Director to the City Manager, but shall have no authority to directly assign work, tasks, or priorities to the Executive Director or any of his or her staff. 4. Nothing in this Agreement shall create, or is intended to create, or shall be construed to constitute a contract of employment, express or implied, between the Executive Director and the Authority, the City or the County. B. Finances and Accounting. 1. The Executive Director shall annually consult and cooperatively work with the City and County Finance Directors or their representatives to prepare proposed budgets for the City and County relating to affordable housing in their respective jurisdictions. The Authority Board, upon reviewing the annual work plan and budget as presented by the Executive Director shall make recommendation to the City and County for their adoption. The annual budgets shall include funds necessary to reimburse the City for overhead expenses for personnel, finance, administrative, legal, and asset management services consistent with fees charged to other City departments. P25 III. Sixth Amended Intergovernmental Agreement Page 5 2. The Executive Director shall annually consult and cooperatively work with the City's Finance Director or their representative to ensure the proper care and custody of all funds of the Authority, the prompt payment of all obligations of the Authority, and the keeping of regular books of accounts showing receipts and expenditures of the Authority. The Executive Director shall render to the Authority, the City and the County, at their regular meetings, or sooner if requested, an account of Authority transactions and also of the financial condition of the Authority. 3. All accounting, payroll, and audit services for the Authority shall be performed by the Finance Department of the City. The City’s procurement policies, contract documents, and approval policies shall be used for all procurements of goods and services of the Authority. 4. For each fiscal year of the City, the County and the Authority (each January 1 through each December 31), the City and County shall each appropriate their prorated share of operational monies necessary to provide for any budgeted deficit arising in connection with the Authority's operations which has been approved by the City and County, provided, however, that bonds, notes or other obligations payable solely from revenues as described in Section III hereof shall never constitute an indebtedness of the City or the County. The City and County shall each pay for 50% of the normal operating expenses of the Authority. This shall include such normal operating expenses as guideline development, qualifying applicants, enforcement, property management, etc. The City and County shall pay its share of any special projects, which either party may request to be included in the Annual Work Plan. 5. The County shall pay to the City for the benefit of the Authority its share of the Authority's annual budget upon the request of the Finance Director of the City. Both the City Council and the Board of County Commissioners shall approve any increases to the expense budget. 6. On or before June 15 of each fiscal year, the actual operations for the Authority for the immediate preceding fiscal year shall be reviewed by the City and County Finance Directors with the Executive Director for the determination of any necessary final reimbursements (and, therefore, necessary supplemental appropriations of monies by the City and the County) as a result of any non-budget appropriation of Authority staff or expenditure. The City and County hereby agree to make all necessary appropriations within a reasonable time to reconcile the final appropriations of each entity. C. Operations. 1. Strategic Plan and Annual Work Plan/Budget: In the first year of this agreement the Executive Director will work with the APCHA Board to create a strategic plan defining the overall mission, vision, values and key objectives of APCHA. The strategic plan shall be ratified by the City Council and Board of Commissioners and shall be updated at a minimum every five years. Changes to the Strategic plan shall be ratified by the City Council and Board of Commissioners. Pursuant to the approved strategic plan the Authority Board, working with the Executive Director, shall prepare an annual work plan and budget that specifies goals, tasks, responsible employees, timelines, and required budget for the operation of the Authority. The annual work plan and budget shall include a summary detailing progress made in the implementation of objectives set forth in the P26 III. Sixth Amended Intergovernmental Agreement Page 6 APCHA strategic plan. Following the finalization of the annual work plan by the Authority Board, the Executive Director shall meet with the City and County Managers. The Annual Work Plan shall be presented in August for the following Calendar Year and shall be the basis of the Authority’s funding request to the City and County. 2. Affordable Housing Guidelines. The Executive Director shall review the Affordable Housing Guidelines when necessary, including updates and recommendations for changes that: a. Identifies category qualifications for ownership and rental housing within the City and County for the population segments identified by the Authority as required by existing agreements and land use regulations. b. The Authority Board shall review the Affordable Housing Guidelines, including deletions and additions, submitted to it by the Executive Director. Final approval of Guideline changes shall be made by the Authority Board. Guideline changes shall be brought forward in a resolution that shall require two readings separated by a minimum of 10 business days and a public hearing and public comment at the second reading. 3. The Authority. The Authority Board shall meet at least monthly to conduct its business. All meetings of the Authority shall be conducted in accordance with the Colorado Open Meetings Law, Sections 24-6-401, et seq., C.R.S. and the City of Aspen Municipal Code. The Authority shall be responsible for the following duties: a. To act as affordable housing advocates in all of its business by representing the views and perspectives of the larger communities of the City and County and translating those views and perspectives into concrete recommendations to the City and County; and b. To review and make recommendations to the City and County with respect to the Strategic Plan, Annual Work Plan/Budget, Housing Guidelines, Affordable Housing Action Plans of the Aspen Area Community Plan, , and advise on any other affordable housing related matters referred to it by either the City or County; and c. To review specific development proposals initiated by the City or County and make recommendations thereon upon the request of either the City or County; and d. To assist the City, County, and Executive Director, upon request, to define the need, planning, undertaking, construction, operation, or financing of low, lower moderate, upper moderate, middle and upper middle income housing for the population segments designated here or identified by the Authority residing in or needing to reside in the City or the County; and e. To assist the City, County and Executive Director, upon request, to plan, finance, acquire, construct, reconstruct or repair, maintain, manage, and operate housing projects pursuant to the Annual Work Plan; and f. To assist the City, County and Executive Director, upon request, to purchase, acquire, obtain options, hold; lease (as lessor or lessee), sell, or otherwise dispose of any real P27 III. Sixth Amended Intergovernmental Agreement Page 7 or personal property, commodity, or service from firms, corporations, the City, the County, other governmental entities or any other persons; and g. To assist the City, County and Executive Director, upon request, to investigate housing needs within the jurisdiction of the City or the County and the means and methods for improving those conditions; and h. To review growth management policy applications (or equivalent application procedures as the same are developed or established from time to time) by developers for low, lower moderate; upper moderate, middle and upper middle income housing in the City or the County as requested by the respective Community Development Departments of the City or the County for conformance with housing needs; and i. To oversee enforcement all aspects of the affordable housing program, including, but not necessarily limited to, deed restrictions, guidelines, and qualifications; including establishing a system to hear appeals from the interpretation or implementation of the Affordable Housing Guidelines and issue final administrative determinations on such appeals. 4. The Executive Director. The Executive Director shall be responsible for the following duties in addition to any duties assigned to him or her by the City Manager: a. Working closing with the County and City Managers to develop an Annual Work Plan and thereafter implementing said Work Plan under the supervision of the City Manager; and b. Maintaining records of existing low, lower moderate, upper moderate, middle and upper middle income rental or resale restricted housing for the population segments designated herein or identified by the Authority and assure that such housing is used and occupied in accordance with existing City or County development approvals, contracts, or financing requirements; and c. Taking all steps reasonably necessary to assure that all deed restricted units of housing comply with City and County regulations or resolutions concerning rental or resale restricted housing; and d. Negotiating contracts as required to provide for management of deed-restricted Authority units (as that term is defined in the Affordable Housing Guidelines as such guidelines are published, modified, amended and supplemented from time to time); and e. To review and recommend establishment of a computerized rental availability record system for use by the City, the County, the population segments designated herein or identified by the Authority and members of the general public; and f. Oversee the process for marketing and reviewing qualification of applicants for rental deed restricted or for sale affordable housing units, and for marketing, reviewing qualifications of applicants for, and arranging for transfer of title of deed restricted units; and P28 III. Sixth Amended Intergovernmental Agreement Page 8 g. Investigate and maintain data indicating housing needs within the jurisdiction of the City or the County for the population segments designated herein or identified by the Authority and the means and methods for improving those conditions; and h. To review Aspen Area Community Plan and County strategic initiative related to housing and recommend code changes associated with the provisions o of said plans as they are modified, amended and supplemented from time to time. IV. BONDS, NOTES AND OTHER OBLIGATIONS: A. The bonds, notes, and other obligations of the Authority shall not be the debts, liabilities, or obligations of the City or the County unless expressly assumed by the City or the County. B. The City and the County may provide for payment to the Authority of funds from proprietary revenues for services rendered or facilities provided by the Authority, from proprietary revenues or other public funds as contributions to defray the cost of any purpose set forth herein, and from proprietary revenues or other public funds as advances for any purpose subject to repayment by the Authority. C. To carry out the purposes for which the Authority was established, the Authority is authorized to issue bonds, notes, or other obligations payable solely from the revenues derived or to be derived from the function, service, or facilities of the Authority or from any other available funds of the Authority. The terms, conditions, and details of said bonds, notes, and other obligations, the procedures related thereto, and the refunding thereof shall be set forth in the resolution authorizing said bonds, notes, or other obligations and shall, as nearly as may be practicable, be substantially the same as those provided by law for any of the contracting parties to this Intergovernmental Agreement; except that bonds, notes, or other obligations so issued shall not constitute an indebtedness of the Authority, the City or the County within the meaning of any constitutional, home rule charter or statutory limitation or other provision unless expressly assumed by the City or the County. Each bond, note, or other obligation issued under this subsection shall recite in substance that said bond, note, or other obligation, including the interest thereon, is payable solely from the revenues and other available funds of the Authority pledged for the payment thereof unless expressly assumed by the City or the County and that said bond, note, or other obligation does not constitute a debt of the Authority, the City or the County or within the meaning of any constitutional, home rule charter or statutory limitations or provisions unless expressly assumed by the City or the County. Notwithstanding anything in this Section IV to the contrary, such bonds, notes, and other obligations may be issued to mature at such times not beyond forty (40) years from their respective issue dates, shall bear interest at such rates, and shall be sold at such prices at, above or below the principal amount thereof, as shall be determined by the Board. D. The resolution, trust indenture, or other security agreement under which any bonds, notes, or other obligations are issued shall constitute a contract with the holders thereof, and it may contain such provisions as shall be determined by the Board to be appropriate and necessary in connection with the issuance thereof and to provide security for the payment thereof, including, without limitation, any mortgage or other security interest in any revenues, funds, rights, or properties of the Authority. The bonds, notes and other obligations of the Authority P29 III. Sixth Amended Intergovernmental Agreement Page 9 and the income therefrom are exempt from taxation, except inheritance, estate, and transfer taxes pursuant to the Colorado Revised Statutes. V. LEGAL ASSISTANCE: The Authority Board may retain independent legal counsel, as needed, for day-to-day consultation and legal advice. The City Attorney shall review all contract documents that purport to legally obligate the City in any fashion. The County Attorney shall review all contract documents that purport to legally obligate the County in any fashion. VI. DISPOSITION OF ASSETS UPON TERMINATION: In the event of the termination of this Intergovernmental Agreement which termination may only occur in accordance with the requirements and limitations of Section VII hereof, and the resulting dissolution of the Authority, the assets of the Authority shall be distributed as follows: A. All assets acquired from contributions from the City or the County shall be returned to the contributing party if said assets are still in existence. B. If assets contributed to the Authority are not in existence, the contributing party shall have the option of receiving the fair market value of the asset at the time of disposal by the Authority in either cash or assets of the Authority. C. All remaining assets acquired by the Authority after the date of this Intergovernmental Agreement from funds provided by the parties shall be distributed to the parties on the basis of the appraised value of said assets at the time of termination and in the same proportion as the respective contributions of funds by the parties for acquisition of the asset. D. The City and the County may agree to dispose of any assets of the Authority in any other acceptable manner. E. If the City and he County cannot agree on the disposition of any assets of the Authority within sixty (60) days after termination, said assets shall be subject to an independent appraisal and shall be sold at public auction as soon as practicable with the proceeds allocated to the City and the County in the same proportion as the total contribution of funds by the respective parties for acquisition of the asset. VII. ANNUAL RENEWAL AND TERMINATION: The term of this Intergovernmental Agreement shall be from the effective date hereof through __________, _________, and shall automatically be renewed for successive one-year periods thereafter. Either party hereto may terminate this Intergovernmental Agreement for any reason upon ninety (90) days' written notice, provided, however, that this Intergovernmental Agreement may not be terminated or rescinded so long as the Authority has bonds, notes, or other obligations outstanding, unless provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to the terms of such obligations; provided, however, that if full payment has been provided by escrow, such termination or rescission shall not occur unless nationally recognized bond counsel has delivered an opinion to the effect that such termination or rescission, in and of itself, will not adversely affect the tax status of the interest on such escrowed obligations. Furthermore, this Intergovernmental Agreement may not be terminated if the P30 III. Sixth Amended Intergovernmental Agreement Page 10 Authority has obligations to the U.S. Department of Housing and Urban Development under any Low Rent Public Housing Program, or other similar program, unless those obligations are assumed by the City or the County. VIII. MODIFICATION OF THIS AGREEMENT: This Agreement may be modified by written amendment approved by the City Council and Board of County Commissioners, acting separate. IX. 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 Board of County Commissioners c/o City Manager c/o County Manager 130 South Galena Street 530 East Main Street, Suite 302 Aspen, Colorado 81611 Aspen, Colorado 81611 Aspen/Pitkin County Housing Authority c/o Executive Director 210 E. Hyman Ave., Suite 202 Aspen, CO 81611 IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement on the day and year first above written. ATTEST: CITY COUNCIL OF ASPEN, COLORADO _________________________________ ______________________________________ Linda Manning, Clerk Steven Skadron, Mayor APPROVED AS TO FORM: _________________________________ James True, City Attorney BOARD OF COUNTY COMMISSIONERS OF ATTEST: PITKIN COUNTY, COLORADO _________________________________ _____________________________________ Jeanette Jones, Clerk and Recorder Greg Poschman, Chairperson APPROVED AS TO FORM: _________________________________ John Ely, County Attorney P31 III.