The URL can be used to link to this page

Home My WebLink Aboutresolution.council.096-01 RESOLUTION # (Series of 2001) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND PITKIN COUNTY SETTING FORTH THE TERMS AND CONDITIONS REGARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, there has been submitted to the City Council an intergovernmental agreement between the City of Aspen, Colorado, and Pitkin County, a copy of which agreement is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen, Colorado, and Pitkin County regarding web site development, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said agreement on behalf of the City of Aspen. Dated: I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the city of Aspen, Colorado, at a meeting held October 9, 2001 : ' K~t(ryn S.~och, City Clerk INTERGOVERNMENTAL AGREEMENT CITY OF ASPEN - PITKIN COUNTY CITY/COUNTY WEBSITE THIS INTERGOVERNMENTAL AGREEMENT (hereinafter re,f~rred to as "I~r)~rgo~er~f'nental Agreement',) made and entered into this ._~_~_ day of ~/~~ ,2001, by and between the CITY OF ASPEN, Colorado, a 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"): WITNESSETH: WItEREAS, the City and County. are each authorized to enter into this Intergovernmental Agreement to contract with each other; and WltEREAS, the City and the County desire to cooperate in the creation of a City/County website presence on the World Wide Web to better serve their individual citizens (the "Project"). NOW, TItEREFORE, in consideration of the mutual benefits to be derived hereby, the City and the County enter into this Intergovernmental Agreement to cooperatively create a website and agree as follows: 1. The City and County shall continue to work together to develop and host a combined City/County website presence on the World Wide Web. 2. The parties agree that WebCreate. Com has submitted the most responsive proposal to design and implement the proposed website and accordingly agree to utilize the services of WebCreate. Com as set forth in their proposal appended hereto as Exhibit A. 3. The City and the County shall each take all steps necessary to appropriate from their respective budgets an amount not to exceed $100,000.00 for one-time costs of designing and developing the website. 4. The City shall enter into a contract with WebCreate. Com to engage the services of WebCreate. Com as set forth in their proposal. 5. The City and County joint Information Systems Department shall administer the contract. Page 1 6. The parties hereto understand that the first phase of the Project requires WebCreate. Com to design and implement the core website functionality. The cost for this functionality phase is estimated to cost $115,073.00. It is understood that there may be additional costs and/or changes to the initial contract. Each party shall pay one half of the total cost of this initial contract, including any additions or.changes. If additions or changes are required to complete the contract, the Information Systems Department Director shall obtain the written approval for any additional changes in the total cost of the contract from both the County and City managers before authorizing any additions to the contract price. 7. The City shall purchase web server hardware and software at an estimated cost of $8,072.00. The County shall reimburse the City one half of this cost within thirty (30) days of receiving an invoice for same. 8. The City shall contract with WebCreate. Com to install and configure the City/County web server at an estimated cost of $5.530. The County shall reimburse the City one half of this cost within thirty (30) days of receiving an invoice for same. 9. The City shall contract with WebCreate. Com to host the City/County web server and website at an estimated cost of $3.589.00 for the first year. The County shall reimburse the City one half of this cost within thirty (30) days of receiving an invoice for same. 10. The parties recogmze that there may additional costs involved for the hosting and maintenance of the web site in the future, including annual web hosting fees. The parties hereto agree that that the City shall contract for those additional services as required. The County shall reimburse the City one half of these costs within thirty (30) days of receiving an invoice for same. The Information Systems Department Director shall obtain written approval from both the City and County managers for any costs or expenses that exceed $1.000.00 before authorizing any additional expenses for on-going hosting and maintenance costs. 11. In the event of the termination of this Intergovernmental Agreement which termination may only occur in accordance with the requirements and limitations of Section 12 hereof, and the resulting dissolution of the joint City/County web site, the assets of the Project shall be distributed as follows: a. All assets acquired fi'om 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 Project 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 project in either cash or assets of the Project. Page 2 c. All remaining assets acquired by the Project 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 Project in any other acceptable manner. e. If the City and the County cannot agree on the disposition of any assets of the Project 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. 12. The term of this Intergovernmental Agreement shall be from the effective date hereof through December 31, 2002, and shall automatically be renewed for successive one-year periods thereafter. Either party thereto 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 Project has outstanding obligations, unless provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to the terms of such obligations. 13. This Agreement may be modified by written amendment approved by the City Council and Board of County Commissioners, acting separately. 14. Any formal notice, demand or request provided for in this Intergovernmental Agreement shall be in writing and shall be deemed properly given if deposited in the United States Mail, postage prepaid to: City of Aspen, Colorado c/o City Manager 130 South Galena Street Aspen, Colorado 81611 Board of County Commissioners of Pitkin County, Colorado c/o County Manager 506 East Main Street Aspen, Colorado 81611 Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement on the day and year first above written. ATTEST: ~ 'Cl~rk and~(cSr~r "~ ~Mayor APPROVED AS TO FORM: A/T_TEST: BOARD OF COUNTY COMMISSIONERS OF ~ /~ PITKIN COUNTY, COLORADO C~r~'k and RecordS- ' Cha APPROVED AS TO FORM: Page 4