Loading...
HomeMy WebLinkAboutresolution.council.065-12 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISIONERS OF PITKIN COUNTY AND THE CITY OF ASPEN REGARDING THE DISPOSITION OF THE MUTUAL COVERAGE SERVICES AND COSTS BETWEEN THE COMMUNITY DEVELOPMENT DEPARTMENTS PARTIES THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this day of , 2012 by and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY (hereinafter referred to as "County"), and the CITY OF ASPEN (hereinafter referred to as "City"). AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and agreements of the parties and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Termination of October 13, 2009, Intergovernmental Agreement. The parties hereto terminate the prior Intergovernmental Agreement dated October 13, 2009, regarding the joint operations of their respective Community Development Departments. II. Purpose. The purpose of this Intergovernmental Agreement is to continue to provide the best customer service to the public of both the City and County Community Development Departments. This Intergovernmental Agreement is designed and intended to: • Improve the economic efficiency, staff productivity, and overall services of the individual Community Development Departments of the City and County. • Facilitate clear communication and efficient planning and building functions among all staff assigned to the City and County Community Development Departments. • Strive for uniform interpretation and implementation of laws, rules and regulations of the City and County when appropriate and feasible. • Facilitate the Building Departments'joint long range goals. • Establish clear guidelines for the sharing of certain employees and resources of the individual Community Development Departments. City/County ComDev IGA-Page 1 The parties hereto intend that the staff members of each Community Development Department shall continue to cooperate with each other to implement policies and procedures that shall advance the purposes set forth above. III. Reciprocal City and County Community Development Department Services. In order to continue to provide the best customer service possible by ensuring that personnel from each Community Development Department may provide services to each other jurisdiction's customers when feasible and reasonable, the parties hereto agree to provide reciprocal coverage of professional services as set forth below. The Governments shall make requests for reciprocal coverage 48 hours in advance, when possible. The City and County Chief Building Officials shall determine the method for request and reconciliation of billing in accordance with the following guidelines: A. Inspections: Upon request by either the City or County and subject to availability and workload, the City/County may provide inspection services to the requesting jurisdiction. Service shall be billed at an hourly rate commensurate with the market, including but not limited to rates contained in annual professional service contracts for inspections. The inspection time shall include all travel and administrative time. Reciprocal inspection costs shall be tracked bi-weekly and reconciled between the City and the County on a quarterly basis. 1. The City and County shall coordinate Electrical Inspector out-of-office schedules to the extent practicable to maximize reciprocal coverage. 2. The City and County shall coordinate annual professional service contracts for inspection services and shall coordinate contract inspection needs to the extent practicable to minimize overhead costs. The contracts shall be with each jurisdiction separately. Contract Inspectors' payment shall be made by each jurisdiction directly to the Contactor. B. Plan Review: Upon request by either the City or County and subject to availability and workload, the City/County may provide plan review services to the requesting jurisdiction. Service shall be billed at an hourly rate commensurate with the market, including but not limited to rates contained in annual professional service contracts for plans review or inspections. Reciprocal plan review costs shall be tracked bi-weekly and reconciled between the City and the County on a quarterly basis. C. Chief Building Officials: Upon request by either the City or County and subject to availability and workload, the City/County may provide Chief Building Official services and mutual aid. Service shall be billed at an hourly rate of$100 per hour, or as otherwise adjusted no more than once per year and with mutual consent of City/County ComDev IGA-Page 2 the Directors. Reciprocal Chief Building Official costs shall be tracked bi-weekly and reconciled between the City and the County on a quarterly basis. IV. City and County Cooperative Efforts. It is the intent of the parties hereto to continue to create a working environment for all personnel of the individual City and County Community Development Departments which is conducive for harmonious, cohesive and unified team work whenever practical for the provision of services to the public and other departments of the City and County. Accordingly, the parties agree to continue to work cooperatively in the provisions of services by the individual Community Development Departments and specifically agree to cooperate and coordinate in the following areas of joint interest: A. Building Codes. The Chief Building Officials may co-author Building Code and Building Code-related adoptions and amendments when appropriate and feasible. This is intended to serve the contractor and design community by helping the plan review and field inspection process to be as consistent between the City and County as possible. The City and County shall strive to coordinate the timing of building code and building code-related change adoptions so that the effective dates are as concurrent as possible. B. Joint Code Sales and Licensing Program. The Chief Building Officials shall establish, with the approval of the Directors, a method to handle the purchase and sales of code books and the contractor licensing program. This method shall address the administration of such program and sales and how revenues and expenses shall be shared and reconciled. C. Office Equipment. For the purchasing of office equipment used in common, the actual costs shall be shared 50/50 by the City and County. The supplies and maintenance on the office machines, printers, and the plotter will be split 50/50. If an accurate tracking method is possible, then the plotter, copier, and printers will be charged out according to copier codes for all expenses including paper and maintenance. Costs of other shared office incidentals and supplies will be split 50/50. D. Office Space. The City shall provide office space, at no charge, to the County Community Development Department on the third floor of City Hall in the current amount and general configuration on the condition that microwaving fish sticks is strictly prohibited. Each party shall maintain one or more conference rooms within their respective space. Conference rooms may be used by either party as needed and according to administrative policies for reserving the rooms. Overflow office needs shall be the responsibility of and direct costs to the individual party. The City shall pay for general upkeep and maintenance of the third floor office space. Costs for office furniture shall be the direct responsibility of the individual party unless otherwise agreed to by the Department Directors. City/County ComDev IGA-Page 3 E. Office hours. The third floor of City Hall shall be open to the public during the hours of 8 AM to 4:30 PM Monday through Friday, except holidays. Each jurisdiction can set internal hours of availability for services, but recognizes 8 AM to 4:30 PM Monday through Friday as the hours the public can access the department by the front door and elevator. V. Employment Relationship, Workers' Compensation and Indemnification. A. Employment Relationship. It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing an employment relationship not intended by the express terms of this Agreement. Personnel identified as County employees shall be for all purposes County employees. Personnel identified as City employees shall be for all purposes City employees. It is anticipated that City and County employees will be assigned to work on projects or assignments for the both governmental entities in accordance with this Agreement. Nothing contained in this Agreement shall be construed to make such sharing arrangements as evidence of an employee/employer relationship. No agent, employee, or servant of one party shall be, or construed to be, the employee of the other party. Except as set forth below, each party to this Agreement shall be solely and entirely responsible for its acts and for the acts of its employees during the performance of this Agreement. B. Workers' Compensation. The employer of the respective employees shall provide workers' compensation coverage for their employees. For the purposes of this Agreement, Pitkin County shall name the City of Aspen as additional insured on its general liability policy and the City shall name Pitkin County as additional insured on their general liability policy. C. Indemnification. 1. Neither the City nor the County waive the defenses or limitations on damages provided for and pursuant to the Colorado Governmental Immunity Act (Sec. 24-10-101, et seq., C.R.S.), the Colorado Constitution, their respective home rule charters or under the common law or the laws of the United States, State of Colorado, City of Aspen, or County of Pitkin. - - - - 2. Each party shall be responsible for the acts of the other party's employee when such employee is acting within the scope of the duties being performed on behalf of and within the jurisdiction of such party. VI. Financial Reconciliation City/County ComDev IGA-Page 4 It is agreed that the following elements shall be reconciled quarterly by both City and County Finance Departments: A. Contractor licensing program B. Code book sales and purchase C. Inspections, plan review, and CBO coverage D. Office Equipment and Supplies Any additional expenses that will cause an unforeseen financial burden or incur a cost impact on the IGA participants must be agreed upon and receive prior written approval to proceed from both Community Development Directors. VII. Effective Date, Modification, Annual Renewal, and Termination of this Agreement This agreement shall become effective August 1, 2012. It is agreed that both jurisdictions shall re-evaluate the terms of this agreement at the end of each calendar year to determine whether or not changes need to be made. This agreement shall automatically be renewed, if changes are not made, for successive one-year periods thereafter. Either party hereto may modify any part of this Intergovernmental Agreement for any reason with the written agreement of the other party or terminate all or part of this agreement with 90 days written notice. VIII. Notices. Any formal notice, demand or request provided for in this Intergovernmental Agreement shall be in writing and shall be deemed properly given if deposited in the United States Mail, postage prepaid to: City of Aspen, Colorado do City Manager 130 South Galena Street Aspen, Colorado 81611 Board of County Commissioners of Pitkin County, Colorado do County Manager 506 East Main Street Aspen, Colorado 81611 [signatures on following page] City/County ComDev IGA-Page 5 APPROVED by the City Council of the City of Aspen on the day of , 2012. ATTEST: CITY COUNCIL: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Date: APPROVED by the Board of County Commissioners of Pitkin County on the day of , 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS Jeanette Jones, Michael Owsley, Chair Deputy County Clerk Date: MANAGER APPROVAL: John Peacock, County Manager Steve Barwick, City Manager APPROVED AS TO FORM: John Ely, County Attorney James R. True, City Attorney City/County ComDev IGA-Page 6