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Home My WebLink Aboutresolution.council.090-20 RESOLUTION NO. 90 (Series of 2020) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR OPERATION OF THE CHERYL AND SAM WYLY ANIMAL SHELTER BETWEEN THE CITY OF ASPEN AND PITKIN COUNTY, COLORADO AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO WHEREAS,there has been submitted to the City Council an Intergovernmental Agreement for operation of the Cheryl and Sam Wyly Animal Shelter, between the City of Aspen and Pitkin County, Colorado, 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 proposed Intergovernmental Agreement for operation of the Cheryl and Sam Wyly Animal Shelter,between the City of Aspen and Pitkin County,Colorado,a copy of which is annexed hereto and incorporated herein,and does hereby authorize the Mayor or 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 P�— qy of , 2020. -T&WAK-1 Torre, Mayor I, Nicole Henning, 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 on the date hereinabo tated. Nicole Henning, Ci erk DocuSign Envelope ID:D91822E1-7DDF-4F54-AB70-F7600A874CB5 INTERGOVERNMENTAL AGREEMENT FOR OPERATION OF THE CHERYL AND SAM WYLY ANIMAL SHELTER This Agreement for Operation of the Cheryl and Sam Wyly Animal Shelter in Pitkin, County, Colorado (the "Agreement") is made as of this 27th day of October 2020 by and between Pitkin County, Colorado, a home rule county and political subdivision of the State of Colorado (the"County") and the City of Aspen, Colorado a municipal and political subdivision of the State of Colorado (the"City"). Recitals 1. The City and County jointly own the real property and improvements know as the Cheryl and Sam Wyly Animal Shelter(the "Shelter"), located at 101 Animal Shelter Road, Aspen, Colorado. 2. The building on the Shelter property includes the animal shelter boarding facility and related animal uses, currently under lease to Sachson, Inc., and two employee apartments, to be leased to two employees of Sachson, Inc. or employees of the City or County. 3. The City and County desire to specify responsibilities for the joint ownership and operation of the Shelter. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows: Article 1. Financial Responsibility. 1.01 Operating Account. The parties intend that the general operating expenses for the Shelter will be covered by lease revenues. The City shall be responsible for managing the Shelter property, including managing all leases and collecting the revenues from those leases. These revenues will be maintained by the City in the operating account from which the City shall pay all operational expenses for the Shelter. 1.02 Operating Expenses. An operating expense is defined as any expense that is not a capital expense. It is contemplated that the Shelter operational expenses shall consist of costs of insurance for the building and property, snowplowing of the parking lot, repairs, supplies, and other miscellaneous non-capital expenses not assumed by the tenants of the Shelter. As set forth in the Shelter Lease, there shall be no expenses incurred of paid by the City or County for the shelter of dogs, cats or other domestic animals by the City or County. 1.03 Capital expenses. Capital expense is defined as the cost of any item with a useful life of more than five years or with an initial value of more than$5,000. The City and County shall agree to a capital replacement schedule for the Shelter annually, as part of each entity's budget process. The Capital Asset Manager for the City DocuSign Envelope ID:D91822E1-7DDF-4F54-AB70-F76DOA874CB5 shall submit the replacement schedule to the County at the same time that it is submitted to the City as part of its Asset Management Plan process. Approval by each entity in it budget process will constitute agreement. At no time shall the County's share of capital expenses exceed the amount in its Shelter fund described in Section 1.04. 1.04 Coun , responsibili , for operational and capital expenses. To the extent that lease revenues are not sufficient to pay operating expenses, the County shall contribute one half the operating expenses,but in no event shall the County's contribution exceed $10,000.00 per year. In addition and separate from the maximum $10,000.00 per year contribution, the County shall be solely responsible for plowing the access road to the Shelter property, for so long as the County also plows the road to its Public Works Building. The County agrees to budget $10,000.00 each year in a fund for operational and capital expenses for the Shelter property(the Shelter fund). Any funds not used in a budget year by the County shall be carried forward in the Shelter fund for future capital expenses. The County shall be responsible for one half the capital expenses for the Shelter, as limited by the total in its Shelter fund. 1.05 City responsibility for or operational and capital expenses. To the extent that lease revenues are insufficient to pay operating expenses, the City shall contribute one half the operating expenses. The City shall adequately fund its Asset Management Plan to cover its share of any capital expenses. In addition, the City agrees to fund whatever portion of any capital expense required in excess of the County Shelter fund limit. The City shall include all Capital Projects in the Asset Management Plan and notify the County in advance of any Capital Project undertaken. 1.06 Annual reporting and accounting. Within ninety(90) days of the end of each fiscal year, the City shall provide the County a summary of all expenditures and revenues made from the operating account for that fiscal year. To the extent that the balance in the operating account exceeds $20,000.00, the excess over $20,000.00 shall be distributed equally to the City and the County. The County shall deposit its share of any excess operational funds in its Shelter fund, and any such deposit shall not be counted as part of the County's $10,000.00 annual contribution. Article 2. Management of Leases. 2.01 Lease to Sachson Inc. The City shall manage the lease with Sachson, Inc. However, when the Lease requires the consent or any action of the City and County as Lessors, the City shall consult with and obtain the consent of the County in a timely fashion. 2.02 Lease to tenants of residential units. The City shall manage the leases for the two residential units, and any tenant must qualify under the Aspen/Pitkin County DocuSign Envelope ID:D91822E1-7DDF-4F54-AB70-F76DOA874CB5 Housing Office guidelines in effect for each unit. First priority for both units will be for employees of the Shelter Operator; second priority will be for a City or County employee whose position relates to Shelter operations; and thereafter to a City or County employee who is willing to accept living in close proximity to Shelter operations. Whenever a unit becomes for a City or County employee, the City and County together shall agree upon the tenant for that unit. The lease to used for the residential units shall be approved by the County Attorney. 2.03 Utilities. The City shall pay the monthly gas, sewer, water, recycling and trash bills from the operating account,but shall bill and collect proportionate amounts of each bill as additional rent monthly from each tenant in the building as specified in the leases. Article 3. Insurance. 3.01 Certificates of Insurance. The City shall insure the Shelter, naming the City and County both as insureds. The City shall provide the County with a certificate of insurance showing the County as additional insured for all insurance policies for the Shelter, including those required of each tenant. Article 4. Citizen Board. 4.01 Establishment of citizen board and bylaws. The City and County have approved Bylaws for the Aspen/Pitkin County Animal Shelter Advisory Board, establishing the terms and conditions for the operation of that citizen advisory board. Any changes to the Bylaws recommended by the Advisory Board shall be approved by both the City and County. 4.02 Staff liaisons. The staff liaisons for the Advisory Board shall be determined by the Aspen City Manager and the County Manager for Pitkin County. Both liaisons are expected to attend the Advisory Board meetings and advise the County Commissioners and the City Council at least semi-annually of the activities of the Advisory Board. Article 5. Miscellaneous. 5.01 Complete Agreement: Amendments. This Agreement constitutes the full and complete agreement between the parties and supersedes and controls over any and all prior agreements, understandings, representations, correspondence, and statements. This agreement cannot be changed or revised except by written amendment signed by both parties. DocuSign Envelope ID:091822E1-7DDF-4F54-AB70-F76DOA874CB5 5.02 Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills and is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a proper exercise of the City's and County's power and authority. 5.03 Notice. Whenever either party is required to provide information,request consent from, or otherwise notify the other party, the contact shall be as follows: a. For the County: Pitkin County Manager 530 East Main Street Suite 302 Aspen, Colorado 81611 b. For the City: Aspen City Manager 130 South Galena Street Aspen, Colorado 81611 5,04 Additional Notice Requirement. As a common courtesy, whenever either party to this agreement is required to provide information, request consent from, or otherwise notify the other party, the Shelter operator shall receive a copy of said information and may be asked to provide additional input. Shelter operator notice shall be sent to the following: a. For the Lessee: Sachson Inc. c/o Attn: Seth Sachson Cheryl and Sam Wyly Animal Shelter 101 Animal Shelter Road Aspen, Colorado 81611 DocuSign Envelope ID:D91822E1-7DDF-4F54-AB70-F76DOA874CB5 IN WITNESS WHEREOF, the parties have signed this agreement effective this 12th day of November 2020. CITY OF ASPEN APPROVED AS TO FORM: weYagnd ry: nr:By: G.0bf By. ELz L 1.&4E8815B... flfiK 1 F4/04FC047 C... Print Name: Sara Ott James R. True, City Attorney Title: city Manager Date:11/12/2020 1 3:02:23 PM PST Date: 11/17/2020 1 8:13:06 AM PST BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO APPROVED AS TO FORM: By: By: Steven F. Child, Chair John Ely, County Attorney Date: Date: