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Home My WebLink Aboutresolution.council.063-19 RESOLUTION #63 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY REGARDING THE DESIGN AND CONSTRUCTION OF THE CASTLE CREEK TRAIL. WHEREAS, there has been submitted to the City Council an intergovernmental agreement for the design and construction of the Castle Creek Trail between the City of Aspen and the Board of County Commissioners of Pitkin County, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the intergovernmental agreement for the design and construction of the Castle Creek Trail between the City of Aspen and the Board of County Commissioners of Pitkin County, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 20' day of May 2019. Z7A I Steven adron, Mayor 1, Linda Manning, 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 May 20, 2019. Linda Manning, City erk INTERGOVERNMENTAL AGREEMENT CREEK TRAIL FINAL DESIGN AND CONSTRUCTION THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this day of , 2019 by and between the Board of County Commissioners of Pitkin County, Colorado, whose address is 530 East Main Street, Suite 302, Aspen, Colorado 81611 ("County") and the City of Aspen ("City"), whose address is 130 South Galena Street, Aspen, Colorado 81611. The County and City are sometimes collectively referred to as the "Governments." RECITALS 1. This Agreement is entered into pursuant to, inter alia, C.R.S. §29-1-201, et seq. and Article XIV, Section 18 of the Colorado Constitution. 2. The Governments are duly constituted governmental entities, governed by Boards or Councils elected by qualified electors of the County and City mentioned above, both of which are located in Colorado. 3. The purpose of this Agreement is to set forth the respective responsibilities and obligations of the Governments relating to the funding of the final design and construction of the Castle Creek Trail. 4. The County has duly authorized expenditures of$1,843,000 and the City has duly authorized expenditures of$875,000 from their respective parks and open space funds. 5. The Governments are authorized to enter into this Agreement, and have determined it is in the best interests of the citizens of Pitkin County and the City of Aspen to enter into this Agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual promises and agreements of the parties and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The County shall manage the project and the contracts for the design and construction of the Castle Creek Trail. The City shall reimburse the County for the cost of the portion of the trail within City limits, total not to exceed $875,000. 2. The Governments agree to work cooperatively together after project completion to develop a maintenance and snow removal plan for the trail and adjacent roadway. 3. Assignability. This agreement is not assignable by either party. 4. Modification. This Agreement may be changed or modified only in writing by an agreement approved by the respective Boards of the Governments and signed by authorized officers of each party. 5. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and all other promises and agreements relating to the subject of this Agreement, whether oral or written, are merged herein. 6. Severability. Should any one or more sections or provisions of this Agreement be judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or invalidate the remaining provisions of this Agreement, the intention being that the various sections and provisions hereof are severable. 7. Termination Prior to Expiration of Term. Any party has the right to terminate or withdraw from this Agreement, with or without cause, by giving written notice to the other party of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. Termination of the Agreement relieves the cancelling or withdrawing party of any further responsibility under this Agreement except for specifically identified obligations of a continuing nature based upon pass performance under the Agreement. 6. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To: Pitkin County With copies to: Pitkin County Board of County Commissioners Pitkin County Attorney's Office c/o Pitkin County Open Space and Trails Director 530 E. Main St. Suite 301 530 East Main Street, Suite 204 Aspen, CO 81611 Aspen, Colorado 81611 attorney(a,pitkincounty.com Gary.Tennenbaum(a-pitkincount 2 TO: City of Aspen With copies to: City of Aspen City Attorney c/o Parks and Open Space Director 130 S. Galena St. 130 South Galena Street Aspen, CO 81611 Aspen, Colorado 81611 iim.true(&cityofaspen.com austin.weiss@cityofaspen.com 7. Government Immunity. The parties agree and understand that both parties are relying on and do not waive, by any provisions of this Agreement, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended or otherwise available to the parties or any of their officers, agents, or employees. 8. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of the parties. The parties' obligations under this Agreement are subject to each individual party's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provision of this Agreement shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of either or both parties within the meaning of any constitutional or statutory debt limitation. This Agreement shall not be construed to pledge or create a lien on any class or source of either parties' bonds or any obligations payable from any class or source of each individual party's money. 9. Binding Rights and Obligations. The rights and obligations of the parties under this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 10. Agreement made in Colorado. This Agreement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Court in and for Pitkin County, Colorado. 11. Attorney Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the substantially prevailing party, whether by final judgment or out of court settlement, shall recover from the other party all costs and expenses of such action or suit including reasonable attorney fees. 12. No Waiver. The waiver by any party to this Agreement of any term or condition of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 13. Authority. Each person signing this Agreement represents and warrants that said person is fully authorized to enter into and execute this Agreement and to bind the party it represents to the terms and conditions hereof. 3 14. This Agreement may be executed in counterparts, the sum of which shall constitute the whole of this Agreement. BOARD OF COUNTY COMMISSIONERS, ATTEST: PITKIN COUNTY, COLORADO By: Greg Poschman, Chair Jeanette Jones, Deputy Clerk John Ely, County Attorney Jon Peacock, County Manager CITY OF ASPEN ATTEST: By: C Steven��;4drn, Mayor Linda Manning, City Clerk aures R. True, City Attorney Sara Ott, City Manager l 4