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AGENDA
CITY COUNCIL REGULAR MEETING
February 22, 2022
5:00 PM, City Council Chambers
427 Rio Grande Place
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I.CALL TO ORDER
II.ROLL CALL
III.SCHEDULED PUBLIC APPEARANCES
IV.CITIZENS COMMENTS & PETITIONS
(Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please
limit your comments to 3 minutes)
V.SPECIAL ORDERS OF THE DAY
a) Councilmembers' and Mayor's Comments
b) Agenda Amendments
c) City Manager's Comments
d) Board Reports
VI.CONSENT CALENDAR
(These matters may be adopted together by a single motion)
VIA.Resolution #016, Series of 2022 - Concrete Replacement and Pedestrian
Improvements Project Contract Approval
VIB.Resolution #019, Series of 2022 - Solid Waste and Recycling Contract
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VIC.Resolution #020 Series 2022 - Contract for Interpretive Exhibit Fabrication and
Mobile Website Production for Rio Grande Park
VID.Resolution #022, Series of 2022 - Detox IGA
VIE.Resolution #023, Series of 2022 - Policy Resolution on City Buildings
VIF.Resolution #025, Series of 2022 - Pitkin County IGA for Armory
VIG.Resolution #026, Series of 2022 - Kids First Childcare Nurse Consultant Contract
VIH.Resolution #030, Series of 2022 - Termination of Emergency Declaration
VII.Draft Minutes of February 8th, 2022
VII.NOTICE OF CALL-UP
VIII.FIRST READING OF ORDINANCES
IX.PUBLIC HEARINGS
X.ACTION ITEMS
XA.Proposal to Create a Regional Housing Coalition Letter of Intent/Invitation to
Participate
XB.Resolution #021, Series of 2022 – Policy Resolution Building IQ
XI.EXECUTIVE SESSION
Executive Session:
Pursuant to C.R.S. Section 24-6-402 (4)(a) The purchase, acquisition, lease, transfer, or sale
of any real, personal, or other property interest; (4)(b) Conferences with an attorney for the
local public body for the purposes of receiving legal advice on specific legal questions. (4)(e)
Determining positions relative to matters that may be subject to negotiations; developing
strategy for negotiations; and instructing negotiators.
The specific items of discussion involve the following:
The Centennial Owners’ Association, v. The City of Aspen, et al. Case No.: 2015CV030158.
The lease, transfer or acquisition of real property or property interests, contract negotiations,
and communication with counsel regarding such subjects. Due to market forces, negotiation
strategies and confidentiality demands of parties involved, and necessitated by the subject of
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the specific legal advice, which further disclosure would be a detriment to the City’s strategic
position, the exact properties cannot be disclosed.
XII.ADJOURNMENT
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MEMORANDUM
TO:Mayor and Council
FROM:Jack Danneberg, PE, Project Manager III
Mike Horvath, PE, Senior Project Manager
Pete Rice, PE, Division Manager
Michael Tunte, Landscape Architect & Construction Manager
THROUGH:Matt Kuhn, Parks Director
Trish Aragon, PE, City Engineer
DATE of MEMO:February 15th, 2022
MEETING DATE:February 22nd, 2022
RE:Concrete Replacement and Pedestrian Improvement Projects (Resolution
#016, Series of 2022)
REQUEST OF COUNCIL: Staff recommends Council approve the Concrete Replacement and Pedestrian
Improvements Projects contract with Excavation Services, Inc. in the amount of $838,098.75 and
other related costs of $119,354 for related Engineering expenditures and $120,444 for related Parks
expenditures.
BACKGROUND: Concrete replacement is an annual city-wide multi-department series of projects
with sidewalk, trails, ADA and concrete infrastructure repairs and improvements combined into one
project to decrease city costs, maximize scheduling efficiencies, and increase interest from the local
construction industry. These capital improvements are part of an ongoing safety enhancement plan
with the goal to develop and maintain safer pedestrian corridors and drainage protection in Aspen.
Last year this project installed over 300 ft of sidewalk, 4 ADA ramps, 500 ft of trails, 150 ft of curb and
gutter, upgraded one bus stop and repaired two stormwater inlets. This year the Concrete
Replacement and Pedestrian Improvements Project will focus on improving pedestrian safety and
maintaining critical infrastructure.
Projects this year include pedestrian improvements at the intersection of Cooper Ave. and Spring St.,
and Monarch Street pedestrian improvements related to the development of Dolinsek Gardens
pedestrian improvements. These are City of Aspen infrastructure projects located in the Right of way.
These projects have been individually vetted and funded through the annual finance funding process.
They are being combined in this contract but have separate funding sources which will be outlined in
the funding section.
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Cooper Ave. and Spring St. Pedestrian Improvements:
This intersection has the second most accidents in all of town. After research, consultant analysis and
living lab implementation,Council directed the installation of curb extensions at all four corners of
this intersection. Data collected during the living lab showed a 23% decrease in close calls between
pedestrians and vehicles. The improvements also resulted in a 14% increase in vehicle stop sign
compliance. This project will extend the pedestrian walking surface to decrease the distance a
pedestrian must walk in traffic. Curb extensions increase the visibility of pedestrians and improves
driver compliance with stop signs and cross walks. Stop signs will be installed on Spring St. Making
this a 4-way stop intersection to combat the confusion of who has the right of way. This project will
create a safer and more predictable experience for all users.
Figure 1: Spring and Cooper Pedestrian Improvements Living Lab
Dolinsek Gardens Monarch Street Improvements:
A cornerstone of the parks and open space network for the Lift One Corridor is the Dolinsek Gardens
which has been designed by the City of Aspen Parks and Open Space Department to ensure the goals
and desires of the Dolinsek Family are realized, as articulated by Josephine Dolinsek’s vision. A public
park on the property will contribute to the scenic character of the area and enhance the open space
qualities of the neighboring Willoughby and Lift 1 parks as well as the Aspen Mountain Ski Area.
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Redevelopment of the site into a park requires pedestrian improvements in the Monarch Street right
of way including a sidewalk and mid-block crossing. This project construction will be managed by the
Parks and Open Space Department.
General Concrete Replacement:
An overarching goal of this project is to maintain and repair degraded or damaged City infrastructure
as quickly as possible, to reduce more costly capital expenditures, interruptions of service, and
extended community impacts. Therefore, the General Concrete Replacement line item has been
included to address issues that arise throughout the construction season that need immediate action.
For example, in 2021 this project repaired a stormwater inlet on the southwest corner of Galena St.
and Durant Ave. that had angle iron protruding causing a safety issue and damaging vehicles. By
anticipating and including these smaller, emergent needs, the City benefits by securing reduced item
or unit costs, reduced mobilization costs, and gaining economies of scale through the inclusion of this
portion of the contract.
DISCUSSION:The Concrete Replacement and Pedestrian Improvement Projects was advertised for
bid on November 5th, 2021. Three (3) bids were received and opened on January 13
th, 2022.
Bids were received from three (3) Contractors as summarized below:
Excavation Services, Inc.$2,008,881.25
Gould Construction, Inc.$2,078,198.00
Stutzman Gerbaz, Inc. $2,699,647.57
Bids were evaluated based on ability, time, integrity, quality of past projects, affirmative action, and
price. Excavation Services, Inc. was identified by staff as the most qualified bidder.
Excavation Services, Inc. has experience in various City infrastructure improvement projects and has
performed well in previous contracts. Staff recommends that it is in the City’s best interests to award
the final construction contract to this vendor.
Staff is working diligently to examine current market construction costs and existing budget. Due to
large increase in construction costs, some projects that were included in the advertisement for bids
are proposed to be deferred at this time to prioritize other critical infrastructure projects. Staff has
developed a priority ranking for all projects and the above-mentioned projects rank within each
department’s top tier. Yellow Brick Storm Improvements, Red Brick Pedestrian and Storm
Improvements and Hyman Storm and Pedestrian Improvements were initially included in the bids but
are proposed to be deferred to make funds available for other priority projects. The deferred projects
will be re-evaluated as decisions are made on priority projects within the City and Council. Staff will
facilitate future conversations with Council concerning the overall budget and project prioritization.
The final contract price is $838,098.75. As described above, this includes Cooper Ave. and Spring St.
Pedestrian Improvements, Dolinsek Gardens Monarch Street Improvements, and General Concrete
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Replacement. Staff negotiated a decreased scope from the received bids due to overall capital
improvement budget concerns.
FINANCIAL/BUDGET IMPACTS: This is a multi-department collaboration between Parks and the
Engineering Departments to reduce the unit cost of materials. To represent the different funding
sources the financials have been separated below.
The funding for the $838,098.75 contract with Excavation Services, Inc. will be funded by both the
Engineering Department and the Parks Department. For Engineering, funding equal to $595,876.86
for this project was appropriated within the 2022 Asset Management Plan Fund budget, under project
51263: Spring and Cooper Improvements, and 50471: Concrete Replacement – 2022.
For Parks, funding equal to $160,000 for this project was appropriated within the 2022 Asset
Management Plan Fund budget under project 50350: Dolinsek Gardens Monarch Street
Improvements – 2022. Additional scope related to the street and sidewalks related to the Dolinsek
Park development are required, therefore the Parks department will prepare a spring supplemental
to cover the work. Staff will present a request that $242,221.89 be appropriated to the Dolinsek
Gardens Development project (50350) from the Parks Fund (100).
In addition to the $838,098.75 for Excavation Services, Inc. the City anticipates approximately
$119,354 for related Engineering expenditures and $120,444 for related Parks expenditures. This
funding will go toward other third-party services for construction services and inspections,
geotechnical and materials testing, and public relations. Approximately $50,000 in construction
inspections are needed for the Spring St and Cooper Ave Intersection project, and this will be awarded
to Phil Vaughn Construction Management through the As-Needed contract approved by Council as
Resolution 23 of 2020. The contingency fund is intended to cover unforeseeable construction costs
and expenses that arise due to unknown site conditions.
Engineering Expenditures
Spring and Cooper Pedestrian Improvements $ 493,549.36
General Concrete Replacement $ 102,327.50
ENGINEERING CONTRACT TOTAL $ 595,876.86
Related Engineering Expenditures
Construction Services $ 50,000.00
Geotech and Material Testing $ 13,000.00
Public Outreach and Communications $ 7,000.00
Spring and Cooper Contingency (10%)$ 49,354.94
RELATED SERVICES TOTAL $ 119,354.94
Engineering Budgeted Funding
Spring and Cooper Improvements – 2022 (000.327.81200.52199.51263)$ 275,000.00
Concrete Replacement – 2022 (000.327.81200.52199.50471)$ 440,232.00
TOTAL $ 715,232.00
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Parks Expenditures
Dolinsek Gardens Monarch Street Improvements – 2022 $ 242,221.89
PARKS CONTRACT TOTAL $ 242,221.89
Related Parks Expenditures
Construction Services $ 20,000.00
Geotech and Material Testing $ 10,000.00
Public Outreach and Communications $ 5,000.00
Additional Road Striping $ 2,000.00
Sidewalk Extension to Gilbert $ 35,000.00
Contingency (20%)$ 48,444.38
RELATED SERVICES TOTAL $ 120,444.38
Parks Budgeted Funding
Dolinsek Gardens Monarch Street Improvements – 2022
(100.572.81200.57210.50350)$ 160,000.00
Parks Spring Supplemental $ 202,667.00
TOTAL $ 362,667.00
ALTERNATIVES: The Dolinsek portion of the project will require a Spring Supplement from the Parks
Department. Council can direct staff to reallocate funding from existing Parks projects to supplement
the additional costs for this project.
ENVIRONMENTAL IMPACT: These projects focus on improving pedestrian safety and the walkability
of the city. The goal of improving safety and walkability hopes to decrease vehicle trips and
subsequent greenhouse gas emissions. The Dolinsek Gardens project in addition to improving
pedestrian connectivity in the area is decreasing overall impervious area and increasing vegetation.
These changes will improve the stormwater runoff and carbon capture of the Dolinsek site.
PUBLIC OUTREACH: Staff will mail a fact sheet letter containing information about the Concrete
Replacement and Pedestrian Improvements Project and its construction impacts to neighbors within
300 feet approximately 10 days prior to commencement of work. Staff intends to directly
communicate with some of the most impacted neighbors prior to commencement of construction in
their area.
STAFF RECOMMENDATION:Staff recommends Council approve the Concrete Replacement and
Pedestrian Improvements Projects contract with Excavation Services, Inc. in the amount of
$838,098.75 and other related costs of $119,354 for related Engineering expenditures and $120,444
for related Parks expenditures for a total cost of $1,077,898.
PROPOSED MOTION:“I move to approve Resolution No. 016, Series of 2022.”
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CITY MANAGER COMMENTS:
ATTACHMENT A – Contract with Excavation Services, Inc.
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RESOLUTION #016
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND EXCAVATION SERVICES, INC., AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen and Excavation Services, Inc., 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 that Contract
between the City of Aspen and Excavation Services, Inc. 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 22
nd day of February 2022.
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, February 22, 2022.
Nicole Henning, City Clerk
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CITYOFASF*}{
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into on 2!Ql2A22 , by and between the CITY OF
ASPEN, Colorado, hereinafter called the "City", and EXCAVATION SERVIGES. lNC.
hereinafter called the "Contractor".
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications and other Contract Documents for the work herein described, and has approved
and adopted said documents, and has caused to be published, in the manner and for the time
required by law, an advertisement, for the project: GONCRETE REPLACEMENT 2022 (2021-
236),
WHEREAS, the Contractor, in response to such advertisement, or in response to direct
invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in
accordance with the terms of said lnvitation for Bids; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined,
and canvassed the Bids submitted in response to the published lnvitation for Bids therefore, and
as a result of such canvass has determined and declared the Contractor to be the lowest
responsible and responsive bidder for the said Work and has duly awarded to the Contractor a
Contract for Construction therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction
herein mentioned:
The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents.
The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the Work described
herein.
The Contractor shall commence the work required by the Contract Documents within
seven (7) consecutive calendar days after the date of "Notice to Proceed" and will
complete the same by the date and time indicated in the Special Conditions unless the
time is extended in accordance with appropriate provisions in the Contract Documents.
The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms therein for a sum not to exceed EIGHT HUNDRED THIRTY
EIqHT THOUSAND. N|NTY ETGHT DOLLARS AND SEVENTY F|VE CENTS
($838.098.75) DOLLARS or as shown on BID proposal.
The term "Contract Documents" means and includes the documents listed in the City of
Aspen General Conditions to Contracts for Construction (version GCST-Z) and in the
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Special Conditions. The Contract Documents are included herein by this reference and
made a part hereof as if fully set forth here.
The City shall pay to the Contractor in the manner and at such time as set forth in the
General Conditions, unless modified by the Special Conditions, such amounts as
required by the Documents.
This Contract for Construction shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein or in the Contract Documents, this Contract for
Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the
Municipal Code, including the approval requirements of Section 4-08-040. This
agreement shall not be binding upon the City unless duly executed by the City Manager
or the l/layor of the City of Aspen (or a duly authorized offieial in his/her absence)
following a resolution of the Council of the City of Aspen authorizing the Mayor or City
Manager (or a duly authorized official in his/her absence) to execute the same.
This agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
Contractor shall have the right to assign, transfer or sublet his or her interest or
obligations hereunder without the written consent of the other party.
This agreement does not and shall not be deemed or construed to confer upon or grant
to any third pafi or parties, except to parties to whom the Contractor or the City may
assign this Contract for Construction in accordance with the specific written consent, any
rights to claim damages or to bring suit, action or other proceeding against either the City
or the Contractor because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained.
10 No waiver of default by either party of any terms, covenants or conditions hereof to be
performed, kept and observed by the other party shall be construed, or operate as, a
waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
11. The parties agree thatthis Contract for Construction was made in accordance with the
laws of the State of Colorado and shall be so construed. Venue is agreed to be kept
exclusively in the courts of Pitkin County, Colorado.
12.ln the event that legal action is necessary to enforce any of the provisions of this Contract
for Construction, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
13.This Contract for Construction was reviewed and accepted through the mutual efforts of
the parties hereto, and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of
the parties in the negotiation, review or drafting of this Contract for Construction.
14. The undersigned representative of the Contractor, as an inducement to the City to
execute this Contract for Construction, represents that he/she is an authorized
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representative of the Contractor for the purposes of executing this Contract for
Construction and that he/she has full and complete authority to enter into this Contract for
Construction forthe terms and conditions specified herein.
15 This Agreement and any amendments hereto may be executed in several counterparts,
each of which shall be deemed an original, and all of which together shall constitute one
agreement binding on the Parties, notwithstanding the possible event that all Parties may
not have signed the same counterpart. Furthermore, each Party consents to the use of
electronic signatures by either Party. The Scope of Work, and any other documents
requiring a signature hereunder, may be signed electronically in the manner agreed to by
the Parties. The Parties agree not to deny the legal effect or enforceability of the
Agreement solely because it is in eleetronic form or because an electronic record was
used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic
documents, or a paper copy of a document bearing an electronic signature, on the
ground that it is an electronic record or electronic signature or that it is not in its original
form or is not an original.
16. Worker Without Authorization - CRS S8-17.5-101 & S24-76.5-101
Purpose. During lhe 2A21 Colorado legislative session, the legislature passed House Bill 21-
1A75 that amended current CRS S8-17.5-1AZ $), (2Xa), (2Xb) introductory portion, and
(2xbxlll) as it relates to the employment of and contracting with a "worker without authorization"
which is defined as an individualwho is unable to provide evidence that the individual is
authorized by the federal government to work in the United States. As amended, the current
law prohibits all state agencies and political subdivisions, including the Owner, from knowingly
hiring a worker without authorization to perform work under a contract, or to knowingly contract
with a Consultant who knowingly hires with a worker without authorization to perform work under
the contract. The law also requires that all contracts for services include certain specific
language as set forth in the statutes. The following terms and conditions have been designed to
comply with the requirements of this new law.
Definitions. The following terms are defined by this reference are incorporated herein and in
any contract for services entered into with the Owner.
.1 "E-verify program" means the electronic employment verification program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, that is jointly administered by the United States Department of Homeland Security
and the social security Administration, or its successor program.
.2 "Department program" means the employment verification program established pursuant to
Section 8-1 7.5-1 02(5Xc).
.3 "Public Contract for Service$" means this Agreement.
.4 "Services" means the furnishing of labor, time, or effort by a Consultant or a subconsultant
not involving the delivery of a specific end product other than reports that are merely incidental
to the required performance.
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.5 "Worker without authorization" means an individualwho is unable to provide evidence that the
individual is authorized by the federal government to work in the United States
By signing this document, Consultant certifies and represents that at this time
1. Consultant shall confirm the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services; and
2. Consultant has participated or attempted to participate in either the e verify program or the
department program in order to verify that new employees are not workers without authorization.
Consultant hereby confirms that:
1. Consultant shall not knowingly employ or contract with a worker without authorization to
perform work under the Public Contract for Services.
2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the
Consultant that the subconsultant shall not knowingly employ or contract with a worker without
authorization to perform work under the Public Contract for Services.
3. Consultant has confinned the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services through participation in either
the e-verify program or the department program.
4. Consultant shall not use the either the e-veriff program or the department program
procedures to undertake pre-employment screening of job applicants while the Public Contract
for Services is being performed.
lf Consultant obtains actual knowledge that a subconsultant performing work under the Public
Contract for Services knowingly employs or contracts with a worker without authorization,
Consultant shall:
1. Notif, such subconsultant and the Owner within three days that Consultant has actual
knowledge that the subconsultant is employing or subcontracting with a worker without
authorization: and
2. Terminate the subcontract with the subconsultant if within three days of receiving the notice
required pursuant to this section the subconsultant does not stop employing or contracting with
the worker without authorization; except that Consultant shall not terminate the Public Contract
for Services with the subconsultant if during such three days the subconsultant provides
information to establish that the subconsultant has not knowingly employed or contracted with a
worker without a uthorization.
Consultant shall comply with any reasonable request by the Colorado Department of Labor and
Employment made in the course of an investigation that the Colorado Department of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-
17.5-102 (5), C.R.S.
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lf Consultant violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-1A2, C.R.S. the Owner may terminate this Agreement. lf this
Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising
out of Consultant's violation of Subsection 8-17.5-102, C.R.S.
It is agreed that neither this agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
lf any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall
not affect or impair the validity, legality or enforceability of any other provision.
17. Contractor shall comply with any reasonable request by the Colorado Department of
Labor and Employment made in the course of an investigation that the Colorado Department of
Labor and Employment undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
18. lf Contractor violates any provision of the Public Contract for Services pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public
Contract for Services. lf the Public Contract for Services is so terminated, Contractor shall be
liable for actual and consequential damages to the City of Aspen arising out of Contractor's
violation of Subsection 8-17.5-1A2, C.R.S.
19. This Agreement and any amendments hereto may be executed in several counterparts,
each of which shall be deemed an original, and all of which together shall constitute one
agreement binding on the Parties, notwithstanding the possible event that all Parties may not
have signed the same counterpart. Furthermore, each Party consents to the use of electronic
signatures by either Party. The Scope of Work, and any other documents requiring a signature
hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties
agree not to deny the legal ef{ect or enforceability of the Agreement solely because it is in
electronic form or because an electronic record was used in its formation. The Parties agree not
to object to the admissibility of the Agreement in the form of an electronic record, or a paper
copy of an electronic documents, or a paper copy of a document bearing an electronic
signature, on the grounds that it is an electronic record or electronic signature or that it is not in
its originalform or is not an original.
lN WTNESS WHEREOF, the parties agree hereto have executed this Contract for Construction
on the date first above written.
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ATTESTED BY:CITY OF ASPEN, COLORADO
APPROVED AS TO FORM:
By:
City Attorney
By:N,,',r^^CONTRACTOR:
General Conditions for Construction Contracts and Special Conditions can be found on City of Aspen Website.
https :/lwww. citvofaspen.com/49 7/Purchasin g
Note: Certification of lncorporation shall be executed if Contractor is a Corporation, lf a partnership, the Contract
shall be signed by a Principaland indicate title.
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STATE OF
COUNry OF
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
)SS
0n this qln day ofA&t.\l.Ann
bqing by me first duly sworn, did say that s/he is
€xca"rrnA o^ *-tr,&o-S +,L
20n-, before me appeared
to me personally known, who,
and that the seal affixed to
said instrument is the corporate seal of said corporation, and that said instrument was signed
and sealed in behalf of said corporation by authority of its board of directors, and said deponent
acknowledged said instrument to be the free act and deed of said corporation.
WTNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above
written.
VIVIAN ULLOA MAflTINTZ
NOTARY PUBLIC . STATE OF COLO|"IADO
Notary lD #20214011754
Commission 312,4 ]il.:tt:
Notary
Address @
$t:"
My commission expires: n"-. tzq 1207 5_
t
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1-lJa N.\ , I?jrY ?+tt>o* Co,Vtrwlale,
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Page 1 of 2
MEMORANDUM
TO: Mayor and City Council
FROM: Rob Schober, Capital Assets
Liz Chapman, Environmental Health and Sustainability
THRU: Scott Miller, Public Works Director
DATE OF MEMO: February 14, 2022
MEETING DATE: February 22, 2022
RE: Solid Waste and Recycling Contract
REQUEST OF COUNCIL: Council will review and approve the contract with Mountain
Waste and Recycling (Mountain Roll-Offs, Inc.) for hauling of trash and recycling from City
offices and properties.
PREVIOUS COUNCIL ACTION: Council approved the previous waste contract in December
2016.
BACKGROUND: The City of Aspen has a variety of locations which require regular trash and
recycling services. These locations range from small offices to large multi-family complexes and
include recreational and park facilities. The proposed contract includes all properties managed and
owned by City staff (Exhibit A). Various departments will pay for services out of their own
budgets.
DISCUSSION: By coordinating with these various entities, staff has been able to negotiate a
unified contract which meets the needs of each location and provides cost-effective trash and
recycling services. The City has a separate contract in place for transporting organic material to be
composted and staff will return to Council when it is time for a new contract for those services.
All City properties and offices will have single-stream recycling which increases the number of
materials diverted to recycling and makes recycling simpler by putting all recyclables into a single
container. This system reduces the number of containers which need to be provided both inside
and outside to collect recycling. To facilitate more effective responses to service requests,
Mountain Waste and Recycling will provide a dedicated person, located within the valley, for the
property and office managers to contact regarding repairs, service, and other issues. This was not
offered by the other proposal.
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Page 2 of 2
Staff put out a Request for Proposals in January 2022 and two proposals were received. A small
team of staff were selected to make the final evaluation (Capital Assets, Parks, Environmental
Health, and Purchasing departments were represented). This team determined the level and
flexibility of service offered by Mountain Waste and Recycling (Exhibit A) more closely fit the
needs of the City of Aspen than the other proposal. The Mountain Waste and Recycling proposal
included their company’s sustainability efforts in the Roaring Fork Valley which aligns with the
City of Aspen’s sustainability goals and distinguished them from the other proposal that only cited
national sustainability efforts. Further, Mountain Waste and Recycling offered the city access to
variable services at discounted prices to be used as needed.
FINANCIAL/BUDGET IMPACTS: If Council directs staff to enter into a 5-year contract for
trash and recycling services, the cost to the City will be $159,297.00 in 2022 with annual increases
of 0-3% based on the Consumer Price Index (CPI). The total value of the contract with the CPI
increases is $845,730.00 This will be paid out of the budgets of the various departments utilizing
these services (Exhibit B).
ENVIRONMENTAL IMPACTS: By increasing the amount of material accepted for recycling
and simplifying the process by having single stream recycling at all City locations, City staff will
be able to continue to improve the diversion of waste materials from the landfill. Increased
diversion also contributes to the availability of airspace remaining in the landfill by reducing the
amount of waste buried. Further, through consolidating all of the waste service under one contract,
staff are able to monitor the diversion efforts of City personnel and be more effective in our training
efforts to continue to increase the amount of material diverted for recycling.
RECOMMENDED ACTION: Staff recommends Council approve this contract for trash and
recycling services.
ALTERNATIVES: If Council does not approve this contract, then the City will not have a
contracted price for waste services and will be subject to variability in service and increased prices
for these services.
PROPOSED MOTION: I move to approve the proposed contract with Mountain Waste and
Recycling for trash and recycling services at properties managed and owned by the City of Aspen.
CITY MANAGER COMMENTS:
______________________________________________________________________________
______________________________________________________________________________
19
RESOLUTION 019
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND MOUNTAIN ROLL-OFFS, INC. AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY
OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for city
wide waste and recycling services, between the City of Aspen and Mountain Roll-
Offs, Inc. (d/b/a Mountain Waste & Recycling), 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 that Contract
for city wide waste and recycling services, between the City of Aspen and
Mountain Roll-Offs, Inc. (d/b/a Mountain Waste & Recycling) 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 22 day of February 2022.
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, February 22, 2022.
Nicole Henning, City Clerk
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Agreement Professional Services Page 0
CITY OF ASPEN STANDARD FORM OF AGREEMENT
TRASH AND RECYCLING SERVICES
City of Aspen Contract No.: 2021-273.
AGREEMENT made this 1 day of March, in the year 2022.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Liz Chapman
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 429-1831
And the Contractor:
Mountain Roll-Offs, Inc. dba
Mountain Waste & Recycling
c/o Douglas Goldsmith
1058 County Road 100
PO BOX 999
Carbondale, CO 81623
Phone: 970-963-3435
For the Following Project:
City Wide Waste and Recycling Services
Exhibits appended and made a part of this Agreement:
The City and Contractor agree as set forth below.
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: ___________________________
Resolution No.:___________________
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
Total shall not exceed: $ 845,730*
*for 5-year contract and excluding on call
services
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1. Scope of Work. Contractor shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. The City
hereby grants the exclusive right and privilege to Contractor to perform all of the services at the
locations set forth in Exhibit A. Notwithstanding anything herein to the contrary: (a) Contractor
shall have no obligation to collect any material which is or contains, or which Contractor
reasonably believes to be or contain, radioactive, volatile, corrosive, highly flammable, explosive,
biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal,
state or local laws or regulations (“Excluded Waste”); (b) if Contractor finds what reasonably
appears to be discarded Excluded Waste, Contractor shall promptly notify the City and the
producer of the Excluded Waste, if the producer can be readily identified; and (c) title to and
liability for any Excluded Waste shall remain with the producer of the Excluded Waste, even if
Contractor inadvertently collects or disposes of such Excluded Waste.
2. Completion. Contractor shall commence Work immediately upon receipt of a written Notice to
Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent
with professional skill and care and the orderly progress of the Work in a timely manner. The parties
anticipate that all Work pursuant to this Agreement shall be completed no later than March 1 2027.
Upon request of the City, Contractor shall submit, for the City's approval, a schedule for the perfor-
mance of Contractor's services which shall be adjusted as required as the project proceeds, and which
shall include allowances for periods of time required by the City's project engineer for review and
approval of submissions and for approvals of authorities having jurisdiction over the project. This
schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the
Contractor.
3. Payment. In consideration of the work performed, City shall pay Contractor on a time and
expense basis for all work performed. The hourly rates for work performed by Contractor shall not
exceed those hourly rates set be governed by the payment structures set forth at Exhibit A and/or
Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made
to Contractor shall not initially exceed the amount set forth above. Contractor shall submit, in timely
fashion, invoices for work performed. The City shall review such invoices and, if they are considered
incorrect or untimely, the City shall review the matter with Contractor within ten days from receipt
of the Contractor 's bill.
Notwithstanding anything herein to the contrary, Contractor may pass through and the City shall
pay to Contractor any documented increases in disposal fees, increases in Contractor’s costs due
to changes in local, state or federal rules, ordinances or regulations applicable to Contractor’s
operations or the services provided hereunder, and any increases in and newly imposed taxes, fees
or other governmental charges assessed against or passed through to Contractor (other than income
or real property taxes).
4. Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other,
unless such assignment by Contractor is to an affiliated entity or subsidiary of Contractor. Sub-
Contracting, if authorized, shall not relieve the Contractor of any of the responsibilities or obligations
under this Agreement. Contractor shall be and remain solely responsible to the City for the acts, errors,
omissions or neglect of any subcontractors’ officers, agents and employees, each of whom shall, for
this purpose be deemed to be an agent or employee of the Contractor to the extent of the subcontract.
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The City shall not be obligated to pay or be liable for payment of any sums due which may be due to
any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Contractor Services. If either party shall be in breach of any provision of this
Agreement, either party may suspend its performance hereunder until such breach has been cured or
terminate this Agreement; provided, however, that no termination of this Agreement by either party
shall be effective until the non-breaching party has given written notice of such breach to the
breaching party and the breaching party has failed to cure such breach within thirty (30) days after
receipt of such notice. Upon any such failure to cure, the non-breaching party may terminate this
Agreement by giving the breaching party written notice of such termination, which shall become
effective upon receipt of such notice. The Contractor or the City may terminate the TRASH AND
RECYCLING Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the termination.
No fees shall be earned after the effective date of the termination. Upon any termination, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or
other material prepared by the Professional pursuant to this Agreement shall become the property of
the City. Notwithstanding the above, Contractor shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Contractor purposes of set-off until
such time as the exact amount of damages due the City from the Contractor may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Contractor shall be, and shall perform as, an independent Contractor who agrees to use
his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Contractor. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Contractor. Contractor
shall be solely and entirely responsible for its acts and for the acts of Contractor 's agents, employees,
servants and subcontractors during the performance of this contract. Contractor shall indemnify City
against all liability and loss in connection with, and shall assume full responsibility for payment of all
federal, state and local taxes or contributions imposed or required under unemployment insurance,
social security and income tax law, with respect to Contractor and/or Contractor 's employees engaged
in the performance of the services agreed to herein.
8. Indemnification. Contractor agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, but only to the
extent and for an amount represented by the degree or percentage such injury, loss, or damage is
caused by the in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful
act, omission, error, professional Contractor error, mistake, negligence, or, willful misconduct, or
other fault of the Contractor, any subcontractor of the Contractor, or any officer, employee,
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Agreement Professional Services Page 3
representative, or agent of the Contractor or of any subcontractor of the Contractor, or which arises
out of any workmen's compensation claim of any employee of the Contractor or of any employee of
any subcontractor of the Contractor. The Contractor agrees to investigate, handle, respond to, and to
provide defense for and defend against, any such liability, claims or demands at the sole expense of
the Contractor, or at the option of the City, agrees to pay the City or reimburse the City for the defense
costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined
by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused
in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the
City shall reimburse the Contractor for the portion of the judgment attributable to such act, omission,
or other fault of the City, its officers, or employees.
9. Contractor 's Insurance.
(a) Contractor agrees to procure and maintain, at its own expense, a policy or policies of
insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Contractor pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law. The Contractor shall
not be relieved of any liability, claims, demands, or other obligations assumed pursuant to
Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its
failure to procure or maintain insurance in sufficient amounts, duration, or types. The policy
requirements herein may be satisfied through a combination of primary and umbrella/excess
liability coverage.
(b) Contractor shall procure and maintain, and shall cause any subcontractor of the
Contractor to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Contractor pursuant to Section 8 above. In the case of any
claims-made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) Worker's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS
($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each
employee. Evidence of qualified self-insured status may be substituted for the
Worker's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE
MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury, broad
form property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall include coverage
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for explosion, collapse, and underground hazards. The policy shall contain a
severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Contractor 's owned, hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a severability of interests provision. If the Contractor has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Contractor providing services to the City under this contract.
(iv) (RESERVED) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS
($2,000,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. , but only to the extent such liabilities have
been assumed by Contractor in this Agreement. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Contractor. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Contractor shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Contractor 's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
shall not be canceled, terminated or materially changed until at least thirty (30) days prior
written notice has been given to the City.
(e) Failure on the part of the Contractor to procure or maintain policies providing the required
coverages, conditions, and minimum limits shall constitute a material breach of contract upon
which City may immediately terminate this contract, or at its discretion City may procure or
renew any such policy or any extended reporting period thereto and may pay any and all
premiums in connection therewith, and all monies so paid by City shall be repaid by
Contractor to City upon demand, or City may offset the cost of the premiums against monies
due to Contractor from City.
(f) (RESERVED) City reserves the right to request and receive a certified copy of any policy
and any endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
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C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Contractor for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City
shall provide Contractor reasonable notice of any changes in its membership or participation in
CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified
mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion
shall be made in the employment of persons to perform services under this contract. Contractor agrees
to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-
discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Contractor to which the same may apply and, until complete
performance by Contractor of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101
Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21-
1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and
(2)(b)(III) as it relates to the employment of and contracting with a “worker without
authorization” which is defined as an individual who is unable to provide evidence that the
individual is authorized by the federal government to work in the United States. As amended,
the current law prohibits all state agencies and political subdivisions, including the Owner, from
knowingly hiring a worker without authorization to perform work under a contract, or to
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knowingly contract with a Consultant who knowingly hires with a worker without authorization
to perform work under the contract. The law also requires that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions have
been designed to comply with the requirements of this new law.
Definitions. The following terms are defined by this reference are incorporated herein and in any
contract for services entered into with the Owner.
1. "E-verify program" means the electronic employment verification program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, that is jointly administered by the United States Department of Homeland Security and
the social security Administration, or its successor program.
2. "Department program" means the employment verification program established pursuant to
Section 8-17.5-102(5)(c).
3. "Public Contract for Services" means this Agreement.
4. "Services" means the furnishing of labor, time, or effort by a Consultant or a subconsultant not
involving the delivery of a specific end product other than reports that are merely incidental to
the required performance.
5. “Worker without authorization” means an individual who is unable to provide evidence that
the individual is authorized by the federal government to work in the United States
By signing this document, Consultant certifies and represents that at this time:
1. Consultant shall confirm the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services; and
2. Consultant has participated or attempted to participate in either the e-verify program or the
department program in order to verify that new employees are not workers without authorization.
Consultant hereby confirms that:
1. Consultant shall not knowingly employ or contract with a worker without authorization to
perform work under the Public Contract for Services.
2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the
Consultant that the subconsultant shall not knowingly employ or contract with a worker without
authorization to perform work under the Public Contract for Services.
3. Consultant has confirmed the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services through participation in
either the e-verify program or the department program.
4. Consultant shall not use the either the e-verify program or the department program procedures
to undertake pre-employment screening of job applicants while the Public Contract for Services
is being performed.
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If Consultant obtains actual knowledge that a subconsultant performing work under the Public
Contract for Services knowingly employs or contracts with a worker without authorization,
Consultant shall:
1. Notify such subconsultant and the Owner within three days that Consultant has actual
knowledge that the subconsultant is employing or subcontracting with a worker without
authorization: and
2. Terminate the subcontract with the subconsultant if within three days of receiving the notice
required pursuant to this section the subconsultant does not stop employing or contracting with
the worker without authorization; except that Consultant shall not terminate the Public Contract
for Services with the subconsultant if during such three days the subconsultant provides
information to establish that the subconsultant has not knowingly employed or contracted with a
worker without authorization.
Consultant shall comply with any reasonable request by the Colorado Department of Labor and
Employment made in the course of an investigation that the Colorado Department of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-
17.5-102 (5), C.R.S.
If Consultant violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this
Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising
out of Consultant’s violation of Subsection 8-17.5-102, C.R.S.
It is agreed that neither this agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall
not affect or impair the validity, legality or enforceability of any other provision.
17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Contractor warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Contractor for the purpose of
securing business.
(b) Contractor agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
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(c) Contractor represents that no official, officer, employee or representative of the City
during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Contractor, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Contractor; and
4. Recover such value from the offending parties.
18. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
19. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any amendments
hereto may be executed in several counterparts, each of which shall be deemed an original, and
all of which together shall constitute one agreement binding on the Parties, notwithstanding the
possible event that all Parties may not have signed the same counterpart. Furthermore, each Party
consents to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder, may be signed electronically in the manner agreed to
by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used in its formation.
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The Parties agree not to object to the admissibility of the Agreement in the form of an electronic
record, or a paper copy of an electronic documents, or a paper copy of a document bearing an
electronic signature, on the grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Contractor respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Contractor shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
21. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Contractor or City may assign
this Agreement in accordance with the specific written permission, any right to claim damages or
to bring any suit, action or other proceeding against either the City or Contractor because of any
breach hereof or because of any of the terms, covenants, agreements or conditions herein
contained.
22. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions
of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees.
23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption
shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of the Agreement.
24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Contractor certifies, by acceptance of this Agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that Contractor or
any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
Force Majeure. Except for the payment of amounts owed hereunder, neither party hereto shall be
liable for its failure to perform or delay in its performance hereunder due to contingencies beyond
its reasonable control including, but not limited to, strikes, riots, compliance with laws or
governmental orders, epidemics, pandemics, inability to access a container, fires, inclement
weather and acts of God, and such failure shall not constitute a breach under this Agreement.
25. Integration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Contractor understands that no City official or
employee, other than the Mayor and City Council acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
DocuSign Envelope ID: 93CE9E7D-2B9A-4647-BB6D-C1548A8793F0
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Agreement Professional Services Page 10
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
Damage to Pavement. Except in the case of Contractor’s negligence or willful misconduct,
Contractor shall not be liable for any damages to pavement, curbing, or other driving surface
resulting from the weight of its trucks and equipment.
26. Authorized Representative. The undersigned representative of Contractor, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Contractor for the purposes of executing this Agreement and that he/she has full
and complete authority to enter into this Agreement for the terms and conditions specified herein.
Contractor’s Equipment. Any equipment furnished hereunder by Contractor shall remain the
property of Contractor; however, the City shall have care, custody and control of the equipment
while at the service locations. The City shall not overload or permit to be overloaded (by weight
or volume), move or alter the equipment, and shall use the equipment only for its proper and
intended purpose. The City must provide unobstructed access to the equipment on the scheduled
collection day. The word “equipment” as used in this Agreement shall mean all containers used
for the storage of non-hazardous solid waste. Notwithstanding anything herein to the contrary, in
the event that a container becomes lost, unsightly, unsanitary, broken, or unserviceable because of
the acts or omissions of the City (excluding normal wear and tear), the City will be charged for the
resulting repairs or replacement and such amounts will be paid to Contractor upon demand.
27. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Contractor certifies, by acceptance of this Agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that Contractor or
any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
28. Integration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Contractor understands that no City official or
employee, other than the Mayor and City Council acting as a bod y at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
29. Authorized Representative. The undersigned representative of Contractor, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Contractor for the purposes of executing this Agreement and that he/she has full
and complete authority to enter into this Agreement for the terms and conditions specified herein.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF ASPEN, COLORADO: Contractor:
DocuSign Envelope ID: 93CE9E7D-2B9A-4647-BB6D-C1548A8793F0
31
Agreement Professional Services Page 11
________________________________ ______________________________
[Signature] [Signature]
By: _____________________________ By: _____________________________
[Name] [Name]
Title: ____________________________ Title: ____________________________
Date: ___________________ Date: ___________________
Approve as to Form:
_____________________
City Attorney
General Conditions and Special Conditions can be found on City
of Aspen Website.
https://www.cityofaspen.com/497/Purchasing
DocuSign Envelope ID: 93CE9E7D-2B9A-4647-BB6D-C1548A8793F0
2/10/2022 | 9:35:42 AM PST
Doug Goldsmith
Sales Manager
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Agreement Professional Services Page 12
EXHIBIT A Contractor SERVICES AGREEMENT
See Bid RFP for details of scope
Fixed rates for first year total: $159,297 *
*Excluding on call services
Estimated 5 year rate with max CPI of 3%:
Yr1 Yr2 Yr3 Yr4 Yr5
Per
Month 13,274.76
13,673.00
14,083.19
14,505.69
14,940.86
12 12 12 12 12
CPI 1 1.03 1.03 1.03 1.03
Total:
159,297
164,076
168,998
174,068
179,290
845,730
The contract will be for a period of 5 years beginning March 1, 2022 and ending March 1 2027. The
City will allow for an annual price increase between 0%-3% based on the current years CPI-
Transportation, beginning March 1 2023.
On call:
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Agreement Professional Services Page 13
EXHIBIT B Contractor SERVICES AGREEMENT
Fee Schedule see attached excel sheet
DocuSign Envelope ID: 93CE9E7D-2B9A-4647-BB6D-C1548A8793F0
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City of Aspen - Parking Garage, 427 Rio Grande Pl., Aspen , CO 81611
City of Aspen - Parks Dept., 585 Cemetary Lane, Aspen, CO 81611
City of Aspen - Marolt Housing, 18 Truscott Pl., Aspen, CO 81611
City of Aspen - Environmental Health, 427 Rio Grande Pl., Aspen , CO 81611
City of Aspen - Ice Garden 427 Rio Grande Pl., Aspen , CO 81611
Dept. & Billing ADDRESS
City of Aspen - Capital Assets, 427 Rio Grande Pl., Aspen , CO 81611
Aspen Country Inn - APCHA 18 Trusott Pl., Aspen, CO 81611
City of Aspen - Capital Assets 427 Rio Grande Pl., Aspen , CO 81611
City of Aspen - Recreation Center (ARC) 427 Rio Grande Pl., Aspen , CO 81611
City of Aspen - Capital Assets, 427 Rio Grande Pl., Aspen , CO 81611
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City of Aspen - Smuggler Apt. (APCHA), 18 Truscott Pl., Aspen, CO 81611
City of Aspen - Streets Dept., 427 Rio Grande Pl., Aspen , CO 81611
City of Aspen- Armory, 130 S Galena St., Aspen, Co 81611
City of Aspen - Water Dept., 427 Rio Grande Pl., Aspen , CO 81611
City of Aspen - Wheeler Opera House, 427 Rio Grande Pl., Aspen , CO 81611
City of Aspen - Yellow Brick, 427 Rio Grande Pl., Aspen , CO 81611
City of Aspen - Truscott Housing (APCHA), 18 Truscott Pl., Aspen, CO 81611
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Locations for regular waste services- City of Aspen
Trash and Recycling
Aspen Animal Shelter 101 Animal Shelter Rd.
Aspen Animal Shelter 101 Animal Shelter Rd.
Aspen Country Inn 38996 Highway 82
Aspen Country Inn 38996 Highway 82
Aspen City Hall 427 Rio Grande Pl.
Aspen City Hall 427 Rio Grande pl.
Aspen Rec Center 0861 Maroon Creek Rd.
Aspen Rec Center 0861 Maroon Creek Rd.
Aspen Rec Center 0861 Maroon Creek Rd.
Aspen Ice Garden 233 W. Hyman Ave.
Aspen Ice Garden 233 W. Hyman Ave.
Marolt Ranch Housing 100 Marolt Place
Marolt Ranch Housing 100 Marolt Place
000032-008 Parking Garage 427 Rio Grand Place
000032-028 Parks Dept.585 Cemetery Lane
Aspen Police Dept.540 E. Main St.
Aspen Police Dept.540 N. Main St.
Rio Grande Place
(across Obermeyer Pl.)000032-024
LOCATION Name Service ADDRESS
Rio Grande Recycling Center
Site Number
000032-002
000032-003
000032-033
000032-005
000032-006
000032-007
000032-021
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000032-012 Smuggler Housing 414 Park Circle
000032-013 Street Dept.1080 Power Plant Rd
Truscott Housing 18 Truscott Place
Truscott Housing 18 Truscott Place
Water Dept.500 Doolittle Circle
Water Dept.500 Doolittle Circle
Wheeler Opera House 320 E. Hyman Ave.
Wheeler Opera House 320 E. Hyman Ave.
Yellow Brick Bldg.215 N. Garmisch
Yellow Brick Bldg.215 N. Garmisch
130 S Galena St 130 S Galena St
130 S Galena St 130 S Galena St000032-004
000032-015
000032-016
000032-017
000032-014
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TRASH or FREQUENCY
RECYLING (Of Pick up)
3 yd Trash 1/week
2 yd Single stream
Recycling EOW
2 3yd dumpster Trash 1x/week
5 - 96 gallon totes Single stream
Recycling 1x/week
3 yd dumpster Trash 1x/week
3yd X 2 Single stream
Recycling 2x/week
2 6yd dumpsters Trash 2x/week $823.25
2 yd dumpster Cardboard
recycling On Call $55.00
4- 96 Gallon Single stream
Recycling On Call $35/each
2yd dumpster Trash 1x/week $180.35
2 - 96 gallon totes Single stream
Recycling On -call $35/each
2 3 yd dumpsters Trash 4x/week $1,945.25
1- 2 yard Single stream
Recycling 1x/week $106.92
1 3 yd dumpsters Trash 1x/week $185.65
40 yd compactor Trash 13x/year $556/haul & $209/ton
3yd dumpster Trash 2x/week
1- 2yard Single stream
Recycling 2x/week
2x/weekADA Recycling
SIZE/TYPE
3 96 gallon totes
$477.40
522.36
Monthly COSTS
$219.47
$667.94
$330.00
39
2yd dumpster Trash 2x/week $421
2yd Trash 1x/week $112.54
3 2yd dumpsters Trash 4x/week
1-3yard/2-2yard Single stream
Recycling 5x/week
3yd dumpster Trash 1x/week
1-2yard Single stream
Recycling 1x/week
6 yd dumpster Trash 2/week
1- 3yard Single stream
Recycling 2/week
2 yd dumpster Trash 5x/week
2 - 96 gallon totes Single stream
Recycling 1x/week
2 yd dumpster Trash 3x/week
3 yd dumpster
Single stream
Recycling 2x/week $940.34
$4,536.85
$163.19
$911.65
$730.96
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Language on invoice
FRONTLOAD 3 YD 1X WK 1
2 YD EOW RECYCLE
FRONTLOAD 3 YD 1X WK 1
96 GL 1X WK REC COM 1
REARLOAD 3 YD 1X WK 1
3 YD 1X WK RECYCLE 1
FRONTLOAD 6 YD 2X WK 1
2 YD ON CALL OCC
96 GL ON CALL REC - COM
FRONTLOAD 2 YD 1X WK 1
SERVICE ON CALL CHARGE
3 YD 4 TIMES PER WK
2 YD 1X WK BEAR RECYCLE
2 YD 1X WK BEAR PROOF
REARLOAD 3 YD 2X WK 1
2 YD 2X WK RECYCLE
96 GL 4X WK COM 1
96 GL 2X WK BEAR RECYCLE COM 1
41
REARLOAD 2 YD 2X WK 1
REARLOAD 2 YD 1X WK 1
2 YD 4 TIMES PER WK
3 YD 5X WK RECYCLE 1
REARLOAD 3 YD 1X WK 1
2 YD 1X WK RECYCLE
FRONTLOAD 6 YD 2X WK 1
3 YD 2X WK RECYCLE 1
2 YD 5 TIMES PER WK
96 GL 1X WK REC COM 1
2 YD 3X WK COMP 1
3 YD 2X WK RECYCLE 1
42
MEMORANDUM
TO:Mayor and City Council
FROM:Mike Tunte, Landscape Architect and Construction Manager
THROUGH:Matt Kuhn, Parks and Open Space Director
MEETING DATE:February 22, 2022
RE:Resolution #020 Series 2022 - Contract for Interpretive exhibit fabrication and
mobile website production for Rio Grande Park
REQUEST OF COUNCIL:
The Parks and Open Space Department is seeking Council approval of a contract with Conservation by
Design for interpretive exhibit fabrication and app production for Rio Grande Park.
SUMMARY / BACKGROUND:
Parks and Open Space Staff have worked closely with Annie Denver and Conservation by Design for over
four years to develop an interpretive signage and wayfinding approach for Rio Grande. Conservation by
Design was selected by the City after a Request for Proposal in 2018.
Because fabrication and mobile website development are highly integrated with the design process,
having continuity with the vendor provides the highest alignment with the vision, it saves time and
money, and minimizes potential issues throughout the process. This is a sole source contract.
DISCUSSION:
The Rio Grande Park interpretive exhibits are a project that completes an important facet of the park
and John Denver Sanctuary. The interpretive elements provide orientation and wayfinding and share the
stories of the site to provide meaning and opportunities to engage.
During the late 1800s the current location of Rio Grande Park was an industrial site, containing the
D&RG railroad switchyard and a lead concentrator mill. More recently, in the early stages of developing
the site as Rio Grande Park, it included a playing field, Theater Aspen’s performance tent and the skate
park.
43
In 1998, with direction from Mayor John Bennett, Jeff Woods, former Director of Parks and Recreation,
approached Annie Denver with the idea of finding a way to celebrate John Denver’s life. This led to the
dedication a 4.5-acre site within Rio Grande Park as the John Denver Sanctuary. From the late-2000s to
around 2015, Parks and Open Space transformed the site to include a stormwater biofiltration system,
boulder gardens and plantings and the permanent lobby for Theatre Aspen. John Denver Sanctuary has
become one of the top attractions in Aspen.
44
The transformation of John Denver Sanctuary
The interpretation effort began about 4 years ago, carried forward by Jeff Woods and Annie Denver’s
vision. The team includedParks staff, Annie Denver, and Conservation by Design, whose resume
includes gold-standard level projects for sites such as the National Mall in Washington, DC, National
Parks, National Wildlife Refuges, city and county parks, nature centers, transit hubs, and museums
across the country.
In this effort, the team developed an interpretation and wayfinding plan that addresses the site’s
features and amenities and its three main stories:
Local mining and railroad history
Water – pertaining to stormwater, the stream gauge, river, wetland habitats
John Denver’s environmental legacy
45
A major goal of the project was to provide for visitor needs and interests with a minimum number of
signs. The physical elements provide the broad easily accessible information while the mobile website
allows for a deeper level of information. While the interpretive elements provide information about
John Denver Sanctuary, they have been purposefully kept out of the Sanctuary. Physical elements
include:
7 welcome / orientation panels, two of which replace existing theater panels
7 small directional blades
7 interpretive panels
Staff reviewed the sign plan with the Open Space and Trails Board in October 2021, and subsequently
completed a review and approval with the City Planning and Zoning Commission on February 1, 2022.
Low profile wall mounted exhibit
46
The mobile websitewill be built on a platform that gives Parks the ability to independently update or
change content any time. In 2019 a draft plan was presented to the Open Space and Trails Board and
their comments were incorporated. The final plan was supported by the Open Space and Trails Board as
well as the Planning and Zoning Commission.
Mobile Website
47
FINANCIAL/BUDGET IMPACTS:
The contract with Conservation by Design for Interpretive exhibit fabrication and mobile website
production for Rio Grande Park was included in the 2021 Parks Fund (100) Capital Project Budget, as
project 51003 John Denver Sanctuary Interpretation Implementation. This is a multi-year project, and
staff will be requesting through the Spring Supplemental phase that the 2021 balance of the project
($94,000) be carried forward and added to the funding that is allocated in 2022 ($50,000). The contract
amount of $90,700 is within the existing budget authority.
ENVIRONMENTAL IMPACTS:
The use of durable materials will provide exhibits with longevity. A portion of signs speak directly to the
environmental stewardship demonstrated throughout Rio Grande Park and John Denver Sanctuary.
ALTERNATIVES
Council can request an alternative bid approach.
STAFF RECOMMENDATIONS:
Parks and Open Space Staff recommends approval of the contract with Conservation by Design for
Interpretive exhibit fabrication andmobile website production for Rio Grande Park.
CITY MANAGER COMMENTS:
48
RESOLUTION #020
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND CONSERVATION BY DESIGN AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
Interpretive exhibit fabrication and mobile website production for Rio Grande
Park, between the City of Aspen and Conservation by Design, 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 that Contract
for Interpretive exhibit fabrication and mobile website production for Rio Grande
Park, between the City of Aspen and Conservation by Design, 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 22
nd day of February 2022.
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, February 22, 2022.
Nicole Henning, City Clerk
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Page 1 of 4
MEMORANDUM
TO:Mayor and City Council
FROM:Bill Linn, Assistant Chief of Police
THRU:Sara Ott, City Manager
DATE OF MEMO:February 11, 2021
MEETING DATE:February 22, 2022
RE:Resolution # 022, Series of 2022, Approving an Amended
Intergovernmental Agreement between the Pitkin County Board
of County Commissioners and the City of Aspen, Aspen Valley
Hospital, Town of Snowmass Village and Town of Basalt to Provide
Detoxification and Withdrawal Management services in Pitkin
County
REQUEST OF COUNCIL: Staff requests approval of Resolution # 022, Series of 2022 (Attachment
“A”), authorizing the execution of an intergovernmental agreement (Attachment “B”) between
Pitkin County, the Town of Basalt, the Town of Snowmass Village, and the City of Aspen to fund
the Pitkin County detoxification and withdrawal management facility at the Pitkin County
Health and Human Services building in Aspen.
PREVIOUS COUNCIL ACTION: In 2014 Council approved an initial IGA bringing together
multiple community stakeholders and respective funding to share the cost of operating a
detoxification facility at the Pitkin County Health and Human Services building.
BACKGROUND: The structure of the original IGA and funding agreements have been in need of
updating to better serve the participating members, and to allow for operational changes as
they occur.
The participating members include the hospital, the City of Aspen, the Town of Basalt, the Town
of Snowmass Village, Pitkin County, and the Aspen Valley Hospital. The original formula for cost
involved Aspen Valley Hospital paying 30% and other governmental jurisdictions paying an
amount based on population, the number of liquor licenses, and the amount of utilization of
the services. The original IGA also named a specific vendor, which was changed in 2016 to the
current vendor.
During the past seven years the participating members have developed smooth and trusting
relationships around this project resulting in consistent community access to the four-bed
detoxification and withdrawal management center located at the HHS building.
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Page 2 of 4
Each year the detox budget has been reviewed, the funding formula recalculated and the
jurisdictions invoiced to pay Pitkin County as the fiscal agent. Because of differing budget
calendars among the participating members, this has not always been timely for the various
budgeting governments.
The participating members requested an updated IGA to reflect more neutral language
identifying the vendor (in case a future RFP determines a new vendor) as well as a new
percentage-based formula that is predictable for their annual budgets. The 2022 cost share was
determined on a one-time basis by using the 2021 formula plus a 3% increase across the board.
This allowed time for the participating members to agree on a 2023 formula that has historic
roots (population, liquor licenses and utilization) but lands on a percent they can easily plug in
once the detox budget is presented in August.
This updated IGA establishes the percentage funding formula for 2023 and subsequent years as
follows:
a. Aspen Valley Hospital – 30%
b. City of Aspen – 27%
c. Pitkin County – 25%
d. Town of Snowmass Village – 9%
e. Town of Basalt – 9%
The current vendor running the detoxification and withdrawal management facility is Recovery
Resources. Located in the Health and Human Services building, Recovery Resources has 2
bedrooms with 2 beds each. Covid has limited the detox capacity throughout the past 2 years,
as it is unsafe to put 2 people in one room.
In 2018 he detox facility, currently run by vendor Recovery Resources, recorded 181 admissions
with a length of stay average of 27 hours. In 2021 they recorded 98 admissions with an average
length of stay of 29 hours.
Aspen Police Department made 319 detox-related contacts in 2021, but prioritizes placing
persons in the most dignified setting possible. Most are placed with family or friends. APD
directly placed five persons at the facility in 2021 and up to another 15 via Aspen Valley
Hospital, where a high percentage of our contacts are given medical clearance before going to
detox. A total of 40 detoxes at the facility came from residents of Aspen, or about 41% of all
utilization of the facility.
Quarterly operational team meetings are conducted by the vendor that include representatives
from AVH, TOSV, Basalt, Pitkin County Jail, Pitkin County Human Services, mental health
representatives, and public safety. These meetings focus on utilization review, strengths and
challenges in access and case debrief.
The county human services director oversees the contract with the vendor to ensure
compliance with budgeting, billing, and provision of services. All participating members have
reviewed and approved this new IGA.
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Page 3 of 4
DISCUSSION:
Below is a list of the community benefits as defined by the Participating Members:
Having intoxicated people go to a detoxification center versus a jail helps to decriminalize and
destigmatize addiction.
Offering a voluntary detox when people have no friends or family to be released to safely
helps to support life, health and safety through assisted withdrawal.
During the years that the Pitkin County detox was closed and the only option for supervised
detoxification was in Glenwood, local utilization of the detox dwindled to almost nothing. Pitkin
residents, guests (and law enforcement partners) do not want to travel 45 miles one way to a
detox.
The current provider of detoxification and withdrawal management is available 24/7 so they
are immediately available to assist community partners in determining the right disposition for
someone who needs help.
The staffing pattern of having 2 people on for every shift at the detoxification center allows
the provider to conduct more follow up and family case management. They report 30% of the
Pitkin detox population gets connected to follow up treatment or support services which is
dramatically higher than the average of 8 % from other detox facilities around the state.
Using a “collective funding” impact strategy allows the participating members share the cost
of this essential community service, making it more affordable for each partner.
The Pitkin detoxification and withdrawal center provides community partners with a critical
community safety net that is improving lives and also saving partners time, money and human
resources.
FINANCIAL/BUDGET IMPACTS:
Pitkin County will continue to serve as the fiscal agent through the public health department,
providing payment to the vendor in the amount of $592,577 in 2022 for the services per the
county detox contract.
The City of Aspen portion of this for 2022 will be $183,608, based on a 3% increase from the
2021 formula of population, liquor licenses and utilization (from previous year’s statistics) of
the detox.
The total funding participating members agreed to provide for 2022 is as follows:
Aspen Valley Hospital $ 177,803
City of Aspen $ 183,608
Town of Basalt $ 17,877
Town of Snowmass Village $ 58,406
Pitkin County $ 154,983
Total $592,677
Additionally, Pitkin County is providing space at no cost at the Schultz Health and Human
Services building. Pursuant to an annual lease agreement with the vendor, this is an on-site
four-bed detoxification and withdrawal management facility, with the space valued at $16,350.
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Page 4 of 4
Under this agreement Pitkin County will provide the next fiscal year’s (2023 and beyond)
budget and cost distribution to funding partners by August 15 to secure a commitment for the
next year budget using a new percentage cost share formula (based on previous years amounts
from the population, utilization and liquor
license) as follows:
Aspen Valley Hospital – 30%
City of Aspen – 27%
Pitkin County – 25%
Town of Snowmass Village – 9%
Town of Basalt – 9%
RECOMMENDATION:We recommend that City Council enter into the intergovernmental
agreement.
ALTERNATIVES: City Council could elect to not enter into the intergovernmental agreement
could elect to not distribute funds to any organization.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Attachment A: Resolution # 022, Series of 2022
Attachment B: Proposed Intergovernmental Agreement
89
RESOLUTION #022
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ASPEN, PITKIN COUNTY, THE TOWN OF
BASALT, THE TOWN OF SNOWMASS VILLAGE, AND ASPEN VALLEY
HOSPITAL, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID INTERGOVERNMENTAL AGREEMENT ON BEHALF OF THE CITY
OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an
Intergovernmental Agreement for the provision of detoxification and withdrawal
management programs, between the City of Aspen and Pitkin County, Aspen
Valley Hospital, the Town of Snowmass Village and the Town of Basalt, 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 that
Intergovernmental Agreement for the provision of detoxification and withdrawal
management programs, between the City of Aspen, Pitkin County, the Town of
Basalt, the Town of Snowmass Village, and Aspen Valley Hospital, 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 22
nd day of February 2022.
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 February 22, 2022.
Nicole Henning, City Clerk
90
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ASPEN (“COA”),
ASPEN VALLEY HOSPITAL (“AVH”), TOWN OF SNOWMASS VILLAGE
(“TOSV”) AND TOWN OF BASALT (“BASALT”)
TO PROVIDE DETOXIFICATION AND WITHDRAWL MANAGEMENT IN
PITKIN COUNTY
THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made this
______ day of ____________________, 2022 by and between the Board of County
Commissioners of Pitkin County, Colorado, whose address is 530 East Main Street, Suite 302
Aspen, Colorado 81611 ("the County”) and Aspen Valley Hospital (“AVH”), City of Aspen
(“COA”), Town of Basalt (“Basalt”) and Town of Snowmass Village (“TOSV”), hereinafter
severally referred to by name or collectively as the “Participating Members”.
RECITALS
WHEREAS, 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;
WHEREAS, Participating Members entered into the original Intergovernmental Agreement
(IGA) for collective funding of detoxification and case management services in 2014. At that
time the IGA identified Colorado West Regional Mental Health Center as the provider. In
2016 participating agencies conducted a Requests for Proposals (RFP) and chose to begin
contracting with Recovery Resources, LLC, as the Detoxification services Vendor, in January
2017. Moving forward the IGA will simply refer to “Vendor” in order to accommodate any
change in vendor due to future RFP awards;
WHEREAS, Participating Members reached an agreement on a funding model in 2014 to
ensure fair and equitable distribution of responsibility for future financial support of
detoxification and case management services;
WHEREAS, Participating Members desire to update the original 2014 Intergovernmental
Agreement to reflect the 2022 funding formula, a new percentage based funding formula for
2023 and beyond, and to generalize the Vendor so that any future changes to the Vendor do
not necessitate an update to this IGA.
WHEREAS, Participating Members do hereby collectively determine and declare that this
Intergovernmental Agreement is necessary, proper and convenient for the continued fostering
and preservation of the public peace, health and safety.
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:
92
1. Effect of IGA – Except as expressly provided herein, this IGA shall replace and
supersede all prior agreements of any kind between all or any of the Participating
Members and any or all other Participating Members hereto, to the extent and for
the limited purpose as such other agreements may be related to the provision of
funding collaborative and detoxification and withdrawal management facility
services.
a. Fiscal Agent- Pitkin County agrees to be the fiscal agent providing
payment to the Vendor in the amount of $592,677 in 2022 for
detoxification and withdrawal management at the Detox Facility per the
contract approved in the County’s 2022 budget (See Exhibit A- Pitkin
County Detoxification Contract and Scope of Work). Once invoiced by
Pitkin County in Quarter one, Participating Members agree to pay in full.
2. Funding Allocation – The Participating Members agree to provide funding in
return for substance use detoxification and withdrawal management services
located at the Health and Human Services building – 0405 Castle Creek Road,
Aspen, CO. By August 15 of each year, the County will present the next fiscal
year budget for detoxification and withdrawal management services. For 2022,
the share for each entity will be as follows:
a. In-Kind Contributions
i. Pursuant to an annual lease agreement with the Vendor, Pitkin
County shall provide, at no cost, space in the Schultz Health and
Human Services Building for an on-site, 4 bed, detoxification and
withdrawal management services. The value of this space is
recognized as $16,350.
b. Cash Funding for 2022
i. Aspen Valley Hospital agrees to pay $177,803 or 30% of the total
net cost for the provision of detoxification and withdrawal
management services.
ii. City of Aspen agrees to pay $183,608, based on a 3% increase
from the 2021 formula of population, liquor licenses and utilization
(previous year’s statistics) of the detox.
iii. Town of Snowmass Village agrees to pay $58,406, based on a 3%
increase from the 2021 formula of population, liquor licenses and
utilization (previous year’s statistics) of the detox.
iv. Town of Basalt agrees to pay $17,877, based on a 3% increase
from the 2021 formula of population, liquor licenses and utilization
(previous year’s statistics) of the detox.
v. Pitkin County agrees to pay $154,983 based on a 3% increase from
the 2021 formula of population, liquor licenses and utilization
(previous year’s statistics) of the detox.
c. Cash Funding for 2023 and future years
93
County will provide the next fiscal year’s (2023 and beyond) budget and
cost distribution to funding partners by August 15 to secure a commitment
for the next year budget using a new percentage cost share formula (based
on previous years amounts from the population, utilization and liquor
license) as follows:
i. Aspen Valley Hospital – 30%
ii.City of Aspen – 27%
iii.Pitkin County – 25%
iv. Town of Snowmass Village – 9%
v. Town of Basalt – 9%
3. Quality Assurance Participating members are committed to working together to
ensure that relevant performance measures are utilized for the purpose of ongoing
evaluation of services.
a.Pitkin County Human Services will be responsible for contract compliance
with the Vendor.
b.The Participating Members agree to assign staff as representatives
participate in quarterly meetings with the Vendor to review performance,
utilization and process/protocol/communication improvements.
c.The Participating Members agree to attend once a year budget meetings to
review annual utilization, proposed budget, financial expenditures and
budget compliance.
4.Terms and Extensions – This agreement shall commence upon the date first
written above and shall continue each year through written email consent as
determined by Participating Members
5.Assignability. This agreement is not assignable by any party hereto.
6. Modification. This Agreement may be changed or modified only in writing by
an agreement approved by the respective Boards or Councils of the Governments
and signed by authorized officers of each party.
7.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.
8.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.
9.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
94
the other Parties 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 past 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:
Jon Peacock, County Manager Pitkin County Attorney’s Office
530 East Main Street, Ste 302 530 East Main Street, Ste. 301
Aspen, CO 81611 Aspen, CO 81611
Jon.peacock@pitkincounty.com attorney@pitkincounty.com
To: City of Aspen With Copies to:
Sara Ott, City Manager City of Aspen Attorney
130 South Galena St 130 South Galena Street
Aspen CO 81611 Aspen, CO 81611
Sara.ott@cityofaspen.com attorney@cityofaspen.com
To: Aspen Valley Hospital With Copies To:
Dave Ressler Aspen Valley Hospital Attorney
0401 Castle Creek Road 0401 Castle Creek Road
Aspen, CO 81611 Aspen, CO 81611
dressler@aspenhospital.org generalcounsel@aspenhospital.org
To: Town of Snowmass Village With Copies To:
Clint Kinney, Town Manager Town of Snowmass Village Attorney
130 Kearns Road 130 Kearns Road
Snowmass Village, CO 81615 Snowmass Village, CO 81615
ckinney@tosv.com jdresser@tosv.com
To: Town of Basalt With Copies To:
Ryan Mahoney, Town Manager Town of Basalt Attorney
95
101 Midland 101 Midland
Basalt, CO 81621 Basalt, CO 81621
Ryan.mahoney@basalt.net jjc@mountainlawfirm.com
7.Government Immunity. The parties agree and understand that all 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 any of
the 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 any of the 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.
96
Bill LinnRyan Mahoney97
BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM
OF PITKIN COUNTY, COLORADO
By:_______________________ By:__________________________
Patti Clapper, Chair John Ely, County Attorney
Manager Approval:
By:______________________
Phylis Mattice for Jon Peacock, County Manager
98
Certificate Of Completion
Envelope Id: 1E4F77CD86BA4BDDA7A76EF3A5925073 Status: Sent
Subject: Please DocuSign: IGA - Detox and Withdrawl Management (Basalt and Aspen).pdf
Source Envelope:
Document Pages: 7 Signatures: 0 Envelope Originator:
Certificate Pages: 4 Initials: 0 Julia Ely
AutoNav: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
530 East Main Street
Suite 203
Aspen, CO 81611
julia.ely@pitkincounty.com
IP Address: 65.38.144.66
Record Tracking
Status: Original
2/10/2022 4:01:51 PM
Holder: Julia Ely
julia.ely@pitkincounty.com
Location: DocuSign
Signer Events Signature Timestamp
Bill Linn
bill.linn@aspen.gov
Security Level: Email, Account Authentication
(None)
Sent: 2/10/2022 4:09:05 PM
Viewed: 2/10/2022 4:12:26 PM
Electronic Record and Signature Disclosure:
Accepted: 2/10/2022 4:12:26 PM
ID: c8dbf135-a01b-4940-895b-225a9e1811af
Company Name: Pitkin County, Colorado
Ryan Mahoney
Ryan.mahoney@basalt.net
Security Level: Email, Account Authentication
(None)
Sent: 2/10/2022 4:09:05 PM
Electronic Record and Signature Disclosure:
Accepted: 2/10/2022 11:39:25 AM
ID: f29de4d5-61c8-4385-8381-4acff0d7ae34
Company Name: Pitkin County, Colorado
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 2/10/2022 4:09:05 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
99
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you with certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically when we send you documents for
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electronic notices and disclosures that we will provide to you, please verify that you were able to
read this electronic disclosure and that you also were able to print on paper or electronically save
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aware of the purpose for which the signature is being provided.
I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
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print it, for future reference and access; and
Until or unless I notify Pitkin County as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgments, and other documents that are required to be provided or made
available to me by Pitkin County during the course of my relationship with you.
Signing Documents without a Pitkin County DocuSign Account:
Pitkin County may not require all document signers to be authorized users of the Pitkin County
DocuSign Account. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to these terms and
conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this
document. When you don't have a DocuSign account, you will be provided the opportunity to
agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can
download and retain this disclosure. Pitkin County will forward completed documents that
you've reviewed, processed or signed via email. Should you require copies of these signed
documents (e.g., if they get deleted from your email account) you should request those
documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin
County custodian who sent you the document for signature.
Signing Documents with a Pitkin County DocuSign Account:
Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM
Parties agreed to: Bill Linn, Ryan Mahoney
100
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How to contact Pitkin County:
101
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must state your e-mail, full name, Postal Address, telephone number, and account
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102
Resolution 023-2022
City Buildings Reuse Plan
Policy Resolution
Page 1 of 2
RESOLUTION NO. 023
SERIES OF 2022
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL DIRECTING THE
CITY MANAGER REGARDING THE STRATEGIES ASSOCIATED WITH THE
REMODEL AND REUSE PLAN FOR THE ARMORY (130 S. GALENA ST.),
OLD POWER HOUSE (490 N. MILL ST.), AND THE MAIN STREET CABIN
(630 W. MAIN ST.)
WHEREAS,the former city hall (AKA the Armory) is newly vacant due to the
construction of a new city hall, the Old Power House (OPH) currently accommodates the
Capital Asset department and Aspen Chamber Resort Association (ACRA), and the Main
Street cabin houses the Special Events and Transportation departments; and,
WHEREAS,the city is considering options for the future remodel and reuse of all
three buildings; and,
WHEREAS,City Council reviewed the conceptual programming of the OPH and
Armory in work session on August 2, 2021, indicating that city staff offices should be
removed from the Armory and Main Street cabin, the offices concentrated in the OPH, and
that the Main Street cabin should be a residential use to support city operations; and,
WHEREAS,a remodel and reuse plan for the Armory and the OPH was presented
by city staff to the City Council at a work session on February 7, 2022, that outlined suggested
initial programming for each building and a public engagement process and timeline to gather
community feedback; and,
WHEREAS,city staff seeks direction on the strategies and principles to be used guide
the remodel and reuse process for the Armory; and,
WHEREAS,this Resolution confirms direction provided to the City Manager for
advancing the remodel and reuse plans for the Armory, OPH, and Main Street cabin.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Confirmation of Requested Council Direction:
The initial strategies to advance the remodel and reuse plan are:
1. City staff will progress the remodel and reuse plan anticipating that the OPH will house
city departments and the Main Street cabin will become city-employee housing.
2. City staff will evaluate how the OPH may support outdoor programming of lawn space
adjacent to the Roaring Fork River and contain historic interpretation elements.
103
Resolution 023-2022
City Buildings Reuse Plan
Policy Resolution
Page 2 of 2
3. City staff will progress the remodel and reuse plan for the Armory anticipating that the
Armory will house the primary ACRA visitor center, primary ACRA office space, and as
much community use as possible.
4. Staff will conduct an efficientpublic engagement process as identified in the Council work
session of February 7, 2022, with the anticipated completion being at the end of April
2022, to identify the potential community uses for the Armory.
5. The following guiding principles will frame the outreach, community discussion, and the
staff recommendations to City Council:
A. The remodel will respect the historic context and contribute to Aspen’s small-
town character.
B. The building remodel will incorporate sustainable systems showing a
commitment to the environment.
C. The Armory should be able to be used by a diverse range of people.
D. The uses within the Armory should provide meaningful and affordable
participation in programs and offerings.
E. The operational structure of the Armory should limit the public financial burden
of operating and maintaining the building.
F. The programming of the Armory should contribute to a lively and diverse
downtown.
G. The programming of the Armory should focus on unmet needs within the
community.
These principles will be used as a basis for the research, community engagement, and
work product by city staff.
FINALLY,adopted this 22nd day of February2022.
______________________________________
Torre, Mayor
ATTEST:APPROVED AS TO FORM:
_______________________________________________
Nicole Henning,City Clerk James R True, City Attorney
104
Resolution 023-2022
City Buildings Reuse Plan
Policy Resolution
Page 1 of 2
RESOLUTION NO. 023
SERIES OF 2022
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL DIRECTING THE
CITY MANAGER REGARDING THE STRATEGIES ASSOCIATED WITH THE
REMODEL AND REUSE PLAN FOR THE ARMORY (130 S. GALENA ST.),
OLD POWER HOUSE (490 N. MILL ST.), AND THE MAIN STREET CABIN
(630 W. MAIN ST.)
WHEREAS,the former city hall (AKA the Armory) is newly vacant due to the
construction of a new city hall, the Old Power House (OPH) currently accommodates the
Capital Asset department and Aspen Chamber Resort Association (ACRA), and the Main
Street cabin houses the Special Events and Transportation departments; and,
WHEREAS,the city is considering options for the future remodel and reuse of all
three buildings; and,
WHEREAS,City Council reviewed the conceptual programming of the OPH and
Armory in work session on August 2, 2021, indicating that city staff offices should be
removed from the Armory and Main Street cabin, the offices concentrated in the OPH, and
that the Main Street cabin should be a residential use to support city operations; and,
WHEREAS,a remodel and reuse plan for the Armory and the OPH was presented
by city staff to the City Council at a work session on February 7, 2022, that outlined suggested
initial programming for each building and a public engagement process and timeline to gather
community feedback; and,
WHEREAS,city staff seeks direction on the strategies and principles to be used guide
the remodel and reuse process for the Armory; and,
WHEREAS,this Resolution confirms direction provided to the City Manager for
advancing the remodel and reuse plans for the Armory, OPH, and Main Street cabin.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Confirmation of Requested Council Direction:
The initial strategies to advance the remodel and reuse plan are:
1. City staff will progress the remodel and reuse plan anticipating that the OPH will house
city departments and the Main Street cabin will become city-employee housing.
2. City staff will evaluate how the OPH may support outdoor programming of lawn space
adjacent to the Roaring Fork River and contain historic interpretation elements.
105
Resolution 023-2022
City Buildings Reuse Plan
Policy Resolution
Page 2 of 2
3. City staff will progress the remodel and reuse plan for the Armory anticipating that the
Armory will house the primary ACRA visitor center, primary ACRA office space, and as
much community use as possible, including the Sister Cities Community Meeting Room.
4. Staff will conduct an efficientpublic engagement process as identified in the Council work
session of February 7, 2022, with the anticipated completion being at the end of April
2022, to identify the potential community uses for the Armory.
5. The following guiding principles will frame the outreach, community discussion, and the
staff recommendations to City Council:
A. The remodel will respect the historic context and contribute to Aspen’s small-
town character.
B. The building remodel will incorporate sustainable systems showing a
commitment to the environment.
C. The Armory should be able to be used by a diverse range of people.
D. The uses within the Armory should provide meaningful and affordable
participation in programs and offerings.
E. The operational structure of the Armory should limit the public financial burden
of operating and maintaining the building.
F. The programming of the Armory should contribute to a lively and diverse
downtown.
G. The programming of the Armory should focus on unmet needs within the
community.
These principles will be used as a basis for the research, community engagement, and
work product by city staff.
FINALLY,adopted this 22nd day of February2022.
______________________________________
Torre, Mayor
ATTEST:APPROVED AS TO FORM:
_______________________________________________
Nicole Henning,City Clerk James R True, City Attorney
106
Page 1 of 8
MEMORANDUM
TO:Mayor Torre and Aspen City Council
FROM:Scott Miller, Public Works Director
THROUGH:Sara Ott, City Manager
MEETING DATE:February 22, 2022
RE:Pitkin County IGA for Armory
REQUEST OF COUNCIL:Staff requests approval of an Intergovernmental Agreement (IGA) between the
City of Aspen and Pitkin County for temporary use of the Armory building at 130 South Galena Street.
SUMMARY AND BACKGROUND: With the completion of the new city hall and the relocation of many
departments out of the Armory, the building is currently mostly vacant. While City Council considers its
options for future use of this facility, and then starts a design and construction project, the building will
remain vacant most of 2022.Pitkin County is about to implement phase 3 of renovation of its Courthouse,
which houses the 9th Judicial District court facilities, expected to take from March through September
2022.In order to limit disruption of court proceedings during this time, the Chief Judge has requested that
the county find a temporary location where the court can continue to operate.Pitkin County finds that
the Armory is of the size and physical location to meet this need.
STAFF DISCUSSION:City and county staff have negotiated the attached IGA for temporary use of the
Armory from March 2022 through September 2022.The county will do minimal renovations, largely using
the building as-is.Appropriate security systems will be installed and operated, requiring all who enter the
building during this agreement to be processed through this system, including the City of Aspen
employees who will continue to use a portion of the building. The Pitkin County Sheriff’s Department,
who is responsible for court facilities security, has requested that no other tenants be allowed to occupy
remaining portions of the Armory while the 9th District Court uses the building
RECOMMENDED ACTION: Staff requests Approval of attached IGA with Pitkin County for temporary use
of the Armory building.
ATTACHMENTS:
Exhibit A: Resolution
Exhibit B: IGA
Exhibit C: Floor Plans
107
Page 2 of 8
Exhibit A: Armory Resolution
EXHIBIT A
RESOLUTION NO. 025
SERIES OF 2022
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN
INTERGOVERNMENTAL AGREEMENT (IGA) FOR A TEMPORARY LEASE BY
PITKIN COUNTY FOR THE ARMORY BUILDING (130 SOUTH GALENA STREET)
WHEREAS,the former city hall (AKA the Armory) is newly vacant due to the construction of a new
city hall; and,
WHEREAS,the Armory will be vacant for most of the year 2022; and,
WHEREAS,Pitkin County needs temporary to house the 9th District Court operations while
completing a renovation project; and,
WHEREAS,city staff and county staff have negotiated an IGA for temporary use of the Armory; and,
WHEREAS,this Resolution confirmsapproval of that IGA,.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS:
The City Council of the City of Aspen agrees that the attached IGA is a fair agreement between both
governments for the use of the Armory Building and approves said IGA.
FINALLY,adopted this 22nd day of February2022.
______________________________________
Torre, Mayor
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Page 3 of 8
ATTEST:APPROVED AS TO FORM:
_______________________________________________
Nicole Henning,City Clerk James R True, City Attorney
Exhibit B: Armory IGA
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Page 4 of 8
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Page 5 of 8
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Page 6 of 8
112
Page 7 of 8
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Page 8 of 8
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EXHIBIT A
RESOLUTION NO. 025
SERIES OF 2022
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN
INTERGOVERNMENTAL AGREEMENT (IGA) FOR A TEMPORARY LEASE
BY PITKIN COUNTY FOR THE ARMORY BUILDING (130 SOUTH GALENA
STREET)
WHEREAS,the former city hall (AKA the Armory) is newly vacant due to the
construction of a new city hall; and,
WHEREAS,the Armory will be vacant for most of the year 2022; and,
WHEREAS,Pitkin County needs temporary to house the 9th District Court operations
while completing a renovation project; and,
WHEREAS,city staff and county staff have negotiated an IGA for temporary use of
the Armory; and,
WHEREAS,this Resolution confirms approval of that IGA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
The City Council of the City of Aspen agrees that the attached IGA is a fair agreement
between both governments for the use of the Armory Building and approves said IGA.
FINALLY,adopted this 22nd day of February2022.
______________________________________
Torre, Mayor
ATTEST:APPROVED AS TO FORM:
_______________________________________________
Nicole Henning,City Clerk James R True, City Attorney
115
ATTACHMENT B
1
INTERGOVERNMENTAL AGREEMENT
By and Between
The City of Aspen and County of Pitkin
THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made this
________ day of February, 2022 by and between the Board of County Commissioners of
Pitkin County, Colorado, whose address is 530 East Main Street, Suite 302, Aspen, Colorado
81611 ("the County”) and The City of Aspen, 427 Rio Grande Pl, Aspen, Colorado 81611
(“the City”).
RECITALS
WHEREAS, 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.
WHEREAS, The Pitkin County Courthouse provides a central location for residents of
Aspen, Snowmass, Basalt and unincorporated Pitkin County to access the 9th Judicial District
for civil and criminal court proceedings.
WHEREAS, The Courthouse was originally built in 1890, and is in need of modernization
to address both the volume of cases in our community and the security needs of modern
courts.
WHEREAS, The County has completed two phases of modernization, and plans to
complete the third and final phase of courthouse remodel in 2022.
WHEREAS, The nature and scope of the work to be done will not allow the 9th Judicial
District to operate in the courthouse while work is conducted.
WHEREAS, It is the shared goal of the County and the 9th Judicial District to operate the
courts with as little disruption for our shared constituents as possible.
WHEREAS, In this spirit the Chief Judge of the 9th Judicial District has requested that we
find a temporary, single location where the Courts can continue to operate while work is
completed on the Courthouse.
WHEREAS, With the City of Aspen vacating portions of the Armory, the City of Aspen
and Pitkin County enter into this Intergovernmental Agreement for the purpose of temporarily
relocating court services to the Armory while construction is completed on the Pitkin County
Courthouse.
WHEREAS, The Pitkin County Courthouse Phase III renovation is scheduled to begin in
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ATTACHMENT B
2
early March 2022 through the end of September 2022.
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. Effective February 1, 2022 The City of Aspen, will:
a. Transfer usage of the building in designated spaces per attached floor plan
to the County for operations of the 9th judicial district court.
b. Charge the County non-profit $30.00/sq. ft. rate for the areas dedicated
strictly to Pitkin County and a reduced rate of $15.00/ sq. ft. for areas
shared with the City and Public. (The attached floor plan specifies the
designated uses).
c. Continue to manage and maintain the current janitorial contract with
reimbursement by the County based on County dedicated space on a
quarterly basis.
d. Continue to provide building services for maintenance and repairs, utilities
and network without added cost to the County.
e. Maintain and provide proof of the following insurance to Pitkin County
during the time of this MOU against claims for injuries to persons or
damages to property which may arise or in connection with the City's
operation and use of the owned premises. The cost of such insurance and
any related deductibles and/or self-insured retentions shall be borne by the
City of Aspen.
i. Commercial General Liability (CGL): written on an "occurrence"
basis including products and completed operations, property
damage, bodily injury, and personal and advertising injury with
limits of no less than $3 million (USD) per occurrence.
ii. Property Insurance against all risks of loss to the property.
iii. Workers' compensation insurance as required by the State of
Colorado with statutory limits and Employers' Liability Insurance
with limits of $1 million (USD) per accident for bodily injury or
disease.
f. Agree to list Pitkin County, its elected and appointed officials, employees
and volunteers as an Additional Insured on the CGL policy and will
provide proof of insurance in the form of a Certificate of Insurance upon
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ATTACHMENT B
3
inception of this Agreement and then annually or as the referenced
policies are renewed and/or updated.
2. Effective March 1, 2022, Pitkin County:
a. Change the exterior locks and modify the building for the security
checkpoint and equipment and control during the duration of use,
coordinating City employee access and return the system as was upon
departure.
b. Inhabit at total of 6,200/ sq. ft. at all levels except the third floor and will
share 1,993/ sq. ft. of space on the first and second floors. It is estimated
the length of occupancy will be seven months. However, the use may be
shorter or longer depending on the Courthouse construction Project.
i. Pitkin County will pay $15,429.00 monthly for dedicated space.
ii. Pitkin County will pay $2,491.00 monthly for shared space.
iii. Pitkin County will pay $5950.00 monthly for janitorial services,
share of utilities costs (sewer, natural gas, electric, water, waste
removal & evening security patrol).
iv. Total amount of both dedicated, shared use space and janitorial
services per month will be $23,870.00.
c. Be responsible for snow removal for direct access into the building
entrances and exits and parking spaces on the alley side of the building.
The following areas are excluded from county responsibility: 1) public
alley, 2) access city equipment, 3) park, 4) roof and overhangs and 5)
public sidewalks.
d. Take on parking management for the use of all parking spaces on the alley
side of the building. The County will designate, sign, and enforce parking
as needed.
e.Maintain and provide proof of the following insurances to the City of
Aspen during the time of this Agreement against claims for injuries to
persons or damages to property which may arise from or in connection
with the County's operation and use of the leased premises. The cost of
such insurance and any related deductibles and/or self-insured retentions
shall be borne by Pitkin County.
i.Commercial General Liability (CGL): written on an "occurrence"
basis including products and completed operations, property
damage, bodily injury, and personal and advertising injury with
limits of no less than $3 million (USD) per occurrence.
ii.Property Insurance against all risks of loss to any County
improvement, betterments, or property.
iii.Workers' compensation insurance as required by the State of
Colorado with statutory limits and Employers' Liability Insurance
with limits of $1 million (USD) per accident for bodily injury or
disease.
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ATTACHMENT B
4
f. List the City of Aspen, its elected and appointed officials, employees, and
volunteers as an Additional Insured on the CGL policy and will provide
proof of insurance in the form of a Certificate of Insurance upon inception
of this Agreement and then annually or as the referenced policies are
renewed and/or updated.
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 Parties 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 past performance under the
Agreement. If terminated by the City of Aspen, the County shall have 30 days to
vacate the premises and shall continue the payments set forth in paragraph 2. b. and
other obligations under paragraph 2, until the premises are vacated and accepted by
the City. If terminated by the County, the County shall vacate the premises prior
to the effective date of the termination.
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
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ATTACHMENT B
5
prescribed for personal service of a summons or other legal process.
To: Pitkin County With copies to:
County Manager’s Office Pitkin County Attorney’s Office
530 East Main Street, Ste. 302 530 East Main Street, Ste. 301
Aspen, CO 81611 Aspen, CO 81611
attorney@pitkincounty.com
To: City of Aspen With Copies to:
City Manager’s Office City of Aspen Attorney’s Office
427 Rio Grand Place 427 Rio Grande Place
Aspen, CO 81611 Aspen, CO 81611
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
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ATTACHMENT B
6
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.
The foregoing Agreement is approved by the Board of County Commissioners of
Pitkin County, Colorado at its regular meeting held on the _____ day of
, 2022.
The foregoing Agreement is approved by the City of Aspen at its regular meeting
held on the _____ day of , 2022.
In Witness whereof, the parties hereto have caused this agreement to be executed as of
the day and year first above written.
THE CITY OF ASPEN
By:_________________________
Torre, Mayor
ATTEST:
____________________________
Nicole Henning
Approved as to Form:
____________________________
James R. True, City Attorney
BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM
OF PITKIN COUNTY, COLORADO
By:_______________________ By:__________________________
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ATTACHMENT B
7
Patti Clapper, Chair John Ely, County Attorney
Manager Approval: ATTEST
____________________________ _____________________________
Jon Peacock, County Manager Julia Ely, Deputy County Clerk
Form Revised 01-01-2022
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124
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126
MEMORANDUM
TO: Aspen City Council
FROM: Shirley Ritter, Director, Kids First
THRU: Sara Ott, City Manager,
Diane Foster, Assistant City Manager
MEETING DATE:February 22, 2022
RE:Childcare Nurse Consultant contract
PURPOSE:
The purpose of this memo is to provide understanding of the childcare Nurse Consultant role and
city council to approve a contract for this position. In past years this has been a staff position with
Kids First.
SUMMARY & BACKGROUND:
The previous Nurse Consultant employed with Kids First left that position on October 8, 2021. We
worked with Human Resources to post and advertise that role since that time. This role is
important to the overall quality of our licensed childcare programs and has tremendous impact for
the programs in the area of child health. It also serves to meet the State of Colorado licensing
requirement to have a childcare health consultant. The childcare programs use the nurse
consultant in a wide variety of ways including health screenings, environmental knowledge,
immunization record keeping, communicable disease management, and emergency
preparedness. Attached is the scope of work for this position with many more services offered.
Attachment A – Contract
Attachment B – Scope of services provided
DISCUSSION:
Over the 5 months that this position was advertised, we had 3 applicants. One of those applicants
fit the need we are hoping to fill. That applicant was not available for a full-time staff position but
was interested in contracting through Kids First to support the programs. This person, Heather
Prokaski, acts as a childcare health consultant (CCHC) to programs in Garfield County.
This work lends itself well to a contract role since the scope is well defined at this point. We had
over 6 years of working with nurse on staff to understand the unmet need and develop this scope
of work. Kids First staff has met numerous times and is in agreement with Heather about ways to
deliver these services and to connect with the related work that Kids First does to improve quality
in the childcare programs.
If we are not able to provide this service to the childcare programs, they will either be out of
compliance with childcare licensing or will have to find and contract individually with a nurse to
meet the licensing requirement. Kids First has been able to exceed the licensing requirement with
this work, resulting in more contact hours, higher quality in the programs, and better outcomes for
children’s health.
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2
FINANCIAL IMPACTS:
The Nurse Consultant staff position was budgeted for approx. $93,130 for 2022 as a FT
position. Kids First has a budget for professional services that can be used for this purpose, the
contract annual amount is $65,000.
RECOMMENDED ACTION:Staff recommends council approval of resolution 22-026 to
authorize contracting to provide Nurse Consulting services to the licensed childcare programs.
ALTERNATIVES:Council could choose to not approve this contract and have each childcare
program find and contract with individual childcare health consultants.
City Manager Comments:
Attachments:
A: Contract for childcare health consulting services
B: Scope of services provided
C: Resolution 22-026
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RESOLUTION #26
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
IN SUPPORT OF A CONTRACTED EARLY CHILDHOOD NURSE CONSULTANT.
WHEREAS, the City of Aspen and Kids First recognize the importance of supporting child
health in licensed childcare programs by providing childcare health consulting by a registered
nurse; and
WHEREAS, providing quality, child health services such as health screenings, environmental
knowledge, immunization record keeping, communicable disease management, and emergency
preparedness, are a cornerstone of high quality early childhood care and education; and
WHEREAS, meeting and expanding upon the minimum requirements of the State of Colorado
for nurse consulting by supporting childcare programs with child health expertise increases
childcare quality; and
WHEREAS, the City of Aspen seeks to work closely with early childhood educators and
families to provide skills to maximize child health;
NOW THEREFORE, BE IT RESOLVED that the City of Aspen Mayor and City Council
officially approves the annual contract between the City of Aspen and Heather Prokaski for early
childhood nurse consulting.
INTRODUCED, READ AND ADOPTED by the City Council of the Cit y of Aspen on the
22 nd day of February 2022.
________________________________
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 Aspen,
Colorado ,at a meeting held February 22, 2022.
____________________________________
Nicole Henning, City Clerk
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Nurse Consultant Scope of Services -2022
Consultation
Responsible for applying skills and knowledge to plan and implement quality childcare
health consultation activities and experiences within the childcare setting. Knows Colorado
immunization requirements and the status of children in the program. Works closely with
the Kids First Director and childcare directors and/or the appointed healthcare liaison to
assist the childcare programs with communicable disease management. Identifies needed
improvements in childcare required health care procedures.
Provide information, education, and resources on health and safety topics including but not
limited to: nutrition and obesity prevention, injury prevention, oral health, playground and
classroom safety, early childhood development, environmental health, staff health, illness
policies, and disaster planning including, illness outbreaks, or natural disasters that would
affect childcare operations and child safety. Communicates with the appointed health liaison
in each childcare program.
Assist the childcare program with communicable disease management.
Identify improvements for childcare program regarding health and safety policy and
procedures and support the program in implementing changes.
Provide training and delegation to childcare staff for “routine” and emergency medications
necessary for a student during the school day. (Medication Administration Training)
Help childcare staff manage medical procedures during the school day of children with
special health care needs including providing an Individualized Health Plan to the
program/family/health care provider.
Provide training to childcare staff on illness prevention, daily health checks, hand washing
and diaper changing technique (Standard Precaution training).
Provide knowledge, resources and assistance with Colorado immunization record
requirements including identifying the immunization status of children in the program,
transcribing immunization information and calculating program immunization/exemption
rates.
Work closely with the childcare director to develop and implement a health and fitness
policy and procedures plan.
Provide parent education on health and safety topics.
Provide health and nutritional education and resources including promotion of healthy child
development, staff and/or parent trainings.
Provide vision, hearing, and dental screenings to all children in childcare programs; ensuring
results are shared with program and parents.
Coordinate referrals to child find and developmental services from the childcare program or
family if developmental concerns have been observed.
Provide contact information for CCHC if questions arise between visits to the program.
Availability to confer with parents and childcare staff as needed.
Assess ongoing training needs and opportunities in childcare programs.
Keep childcare staff up to date on the latest information regarding communicable disease
and general health concerns in the community.
130
Maintain documentation of consulting hours, topics, and trainings provided to childcare staff
and families.
Additionally:
Consideration will be made for work that may not fit into the above options, but that
improves quality in the area of child health.
The Nurse Consultant will attend regular Kids First staff meetings, childcare director
meetings, and public health school meetings as needed and mutually agreed to.
The Nurse Consultant will use secure electronic files and emails for any confidential
information
The Nurse Consultant will provide a current copy of their nursing license to Kids First; and
to childcare programs upon request.
Demonstrates sound judgment, focusing on quality improvement, managing, and resolving conflict,
fostering a culture of accountability, clearly defining responsibilities and expectations, setting goals,
providing motivation and performance feedback, recognizing contributions, and encouraging
training and development.
City Organizational Values
Supports and models the Cityof Aspen organizational values: Service, Partnership, Stewardship,
and Innovation. Organizational values are shared principles that guide behavior across the
organization.
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Agreement Professional Services Page 0
CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2022-073
AGREEMENT made this 9 day of February, in the year 2022.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Sara Ott
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Heather Prokaski
0600 County Road 138
Glenwood Springs, Co 81601
Phone: 720-587-9050
For the Following Project:
Kids First Nurse Consultant annual contract for services, not to exceed $65,000
Exhibits appended and made a part of this Agreement:
The City and Professional agree as set forth below.
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: March 1, 2022
Resolution No.:___________________
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
Total: $ 65,000
Annual contract, March 1, 2022 to
February 28, 2023
DocuSign Envelope ID: EB967C19-8E07-4A86-9E1B-026F7152F7F5
132
Agreement Professional Services Page 1
1. Scope of Work. Professional shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than
February 28, 2023. Upon request of the City, Professional shall submit, for the City's approval, a
schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's project
engineer for review and approval of submissions and for approvals of authorities having jurisdiction
over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be
exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed
to by the parties the payments made to Professional shall not initially exceed the amount set forth
above. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they are considered incorrect or untimely, the City shall review the matter
with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or
obligations under this Agreement. Professional shall be and remain solely responsible to the City for
the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of
whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent
of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due
which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the termination.
No fees shall be earned after the effective date of the termination. Upon any termination, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or
other material prepared by the Professional pursuant to this Agreement shall become the property of
the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Professional, and
the City may withhold any payments to the Professional for the purposes of set-off until such time
as the exact amount of damages due the City from the Professional may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
DocuSign Envelope ID: EB967C19-8E07-4A86-9E1B-026F7152F7F5
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Agreement Professional Services Page 2
use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with, and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole
or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law. The Professional shall
not be relieved of any liability, claims, demands, or other obligations assumed pursuant to
Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its
failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
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claims-made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) Worker's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS
($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each
employee. Evidence of qualified self-insured status may be substituted for the
Worker's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE
MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury, broad
form property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall include coverage
for explosion, collapse, and underground hazards. The policy shall contain a
severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Professional's owned, hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a severability of interests provision. If the Professional has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
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shall not be canceled, terminated or materially changed until at least thirty (30) days prior
written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified
mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion
shall be made in the employment of persons to perform services under this contract. Professional
agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-
discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
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performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101
Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21-
1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and
(2)(b)(III) as it relates to the employment of and contracting with a “worker without
authorization” which is defined as an individual who is unable to provide evidence that the
individual is authorized by the federal government to work in the United States. As amended,
the current law prohibits all state agencies and political subdivisions, including the Owner, from
knowingly hiring a worker without authorization to perform work under a contract, or to
knowingly contract with a Consultant who knowingly hires with a worker without authorization
to perform work under the contract. The law also requires that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions have
been designed to comply with the requirements of this new law.
Definitions. The following terms are defined by this reference are incorporated herein and in any
contract for services entered into with the Owner.
1. "E-verify program" means the electronic employment verification program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, that is jointly administered by the United States Department of Homeland Security and
the social security Administration, or its successor program.
2. "Department program" means the employment verification program established pursuant to
Section 8-17.5-102(5)(c).
3. "Public Contract for Services" means this Agreement.
4. "Services" means the furnishing of labor, time, or effort by a Consultant or a subconsultant not
involving the delivery of a specific end product other than reports that are merely incidental to
the required performance.
5. “Worker without authorization” means an individual who is unable to provide evidence that
the individual is authorized by the federal government to work in the United States
By signing this document, Consultant certifies and represents that at this time:
1. Consultant shall confirm the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services; and
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2. Consultant has participated or attempted to participate in either the e-verify program or the
department program in order to verify that new employees are not workers without authorization.
Consultant hereby confirms that:
1. Consultant shall not knowingly employ or contract with a worker without authorization to
perform work under the Public Contract for Services.
2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the
Consultant that the subconsultant shall not knowingly employ or contract with a worker without
authorization to perform work under the Public Contract for Services.
3. Consultant has confirmed the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services through participation in
either the e-verify program or the department program.
4. Consultant shall not use the either the e-verify program or the department program procedures
to undertake pre-employment screening of job applicants while the Public Contract for Services
is being performed.
If Consultant obtains actual knowledge that a subconsultant performing work under the Public
Contract for Services knowingly employs or contracts with a worker without authorization,
Consultant shall:
1. Notify such subconsultant and the Owner within three days that Consultant has actual
knowledge that the subconsultant is employing or subcontracting with a worker without
authorization: and
2. Terminate the subcontract with the subconsultant if within three days of receiving the notice
required pursuant to this section the subconsultant does not stop employing or contracting with
the worker without authorization; except that Consultant shall not terminate the Public Contract
for Services with the subconsultant if during such three days the subconsultant provides
information to establish that the subconsultant has not knowingly employed or contracted with a
worker without authorization.
Consultant shall comply with any reasonable request by the Colorado Department of Labor and
Employment made in the course of an investigation that the Colorado Department of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-
17.5-102 (5), C.R.S.
If Consultant violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this
Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising
out of Consultant’s violation of Subsection 8-17.5-102, C.R.S.
It is agreed that neither this agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
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If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall
not affect or impair the validity, legality or enforceability of any other provision.
17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Professional for the purpose
of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
18. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
19. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
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(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any amendments
hereto may be executed in several counterparts, each of which shall be deemed an original, and
all of which together shall constitute one agreement binding on the Parties, notwithstanding the
possible event that all Parties may not have signed the same counterpart. Furthermore, each Party
consents to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder, may be signed electronically in the manner agreed to
by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an electronic
record, or a paper copy of an electronic documents, or a paper copy of a document bearing an
electronic signature, on the grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obl igations hereunder
without the written consent of the other party.
21. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Professional or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Professional
because of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
22. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions
of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees.
23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption
shall arise for or against either party based on any alleged unequal status of t he parties in the
negotiation, review or drafting of the Agreement.
24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently
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debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or
any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
25. Integration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Professional understands that no City official or
employee, other than the Mayor and City Council acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
26. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the purposes of executing this Agreement and that he/she has
full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
________________________________ ______________________________
[Signature] [Signature]
By: _____________________________ By: _____________________________
[Name] [Name]
Title: ____________________________ Title: ____________________________
Date: ___________________ Date: ___________________
Approve as to Form:
_____________________
City Attorney
General Conditions and Special Conditions can be found on City
of Aspen Website.
https://www.cityofaspen.com/497/Purchasing
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Heather Prokaski
RN, CCHC
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EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
Consultation
Responsible for applying skills and knowledge to plan and implement quality childcare
health consultation activities and experiences within the childcare setting. Knows Colorado
immunization requirements and the status of children in the program. Works closely with
the Kids First Director and childcare directors and/or the appointed healthcare liaison to
assist the childcare programs with communicable disease management. Identifies needed
improvements in childcare required health care procedures.
Provide information, education, and resources on health and safety topics including but not
limited to: nutrition and obesity prevention, injury prevention, oral health, playground and
classroom safety, early childhood development, environmental health, staff health, illness
policies, and disaster planning including, illness outbreaks, or natural disasters that would
affect childcare operations and child safety. Communicates with the appointed health liaison
in each childcare program.
Assist the childcare program with communicable disease management.
Identify improvements for childcare program regarding health and safety policy and
procedures and support the program in implementing changes.
Provide training and delegation to childcare staff for “routine” and emergency medications
necessary for a student during the school day. (Medication Administration Training)
Help childcare staff manage medical procedures during the school day of children with
special health care needs including providing an Individualized Health Plan to the
program/family/health care provider.
Provide training to childcare staff on illness prevention, daily health checks, hand washing
and diaper changing technique (Standard Precaution training).
Provide knowledge, resources and assistance with Colorado immunization record
requirements including identifying the immunization status of children in the program,
transcribing immunization information and calculating program immunization/exemption
rates.
Work closely with the childcare director to develop and implement a health and fitness
policy and procedures plan.
Provide parent education on health and safety topics.
Provide health and nutritional education and resources including promotion of healthy child
development, staff and/or parent trainings.
Provide vision, hearing, and dental screenings to all children in childcare programs; ensuring
results are shared with program and parents.
Coordinate referrals to child find and developmental services from the childcare program or
family if developmental concerns have been observed.
Provide contact information for CCHC if questions arise between visits to the program.
Availability to confer with parents and childcare staff as needed.
Assess ongoing training needs and opportunities in childcare programs.
Keep childcare staff up to date on the latest information regarding communicable disease
and general health concerns in the community.
Maintain documentation of consulting hours, topics, and trainings provided to childcare staff
and families.
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Additionally:
Consideration will be made for work that may not fit into the above options, but that
improves quality in the area of child health.
The Nurse Consultant will attend regular Kids First staff meetings, childcare director
meetings, and public health school meetings as needed and mutually agreed to.
The Nurse Consultant will use secure electronic files and emails for any confidential
information
The Nurse Consultant will provide a current copy of their nursing license to Kids First; and
to childcare programs upon request.
Demonstrates sound judgment, focusing on quality improvement, managing, and resolving conflict,
fostering a culture of accountability, clearly defining responsibilities and expectations, setting goals,
providing motivation and performance feedback, recognizing contributions, and encouraging
training and development.
City Organizational Values
Supports and models the City of Aspen organizational values: Service, Partnership, Stewardship,
and Innovation. Organizational values are shared principles that guide behavior across the
organization.
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EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
$65 per hour for direct service hours providing consulting, training, and child health support to
Pitkin County licensed early childhood programs.
Work is to be paid hourly, invoiced monthly, not to exceed 20 hours average per week. Invoice
received by Kids First by the 5th of the following month that services are provided will be paid by
the 15th of that month. If invoice is received later, payment may be delayed.
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MEMORANDUM
TO:Mayor Torre and Aspen City Council
FROM:Sara Ott, City Manager
MEETING DATE:February 22, 2022
RE:Termination of Emergency Declaration for COVID-19
REQUEST OF COUNCIL:It is requested City Council terminate the Emergency Declaration established on
March 12, 2020, and ratified by City Council in a special meeting on March 13, 2020.
SUMMARY AND BACKGROUND: On March 12, 2020, the City Manager declared a local emergency in
response to COVID-19 positive cases within the City of Aspen.This action, consistent with legal
requirements, was ratified by Aspen City Council on March 13, 2020 in Resolution 20-2020. To terminate
the emergency declaration, action by the City Council to end the declaration is necessary.
STAFF DISCUSSION: It’s been a crazy 712 days and nights since the initial COVID-19 emergency
declaration in Aspen. The final Pitkin County public health order impacting the Aspen community expires
on February 22, 2022. With this expiration,the City Manager not longer needs to exercise emergency
authorities to manage the presence of disease in the community and/or city facilities.
The action being recommended does not remove the action of Council in resolution 90-21, and later
updated in resolution 13-22, that places mask, vaccination,and testing requirements for staff, guests and
performers at the Wheeler Opera House. The requirements of this resolution expire on April 15, 2022. If
Council wishes to discuss possibly amending or ending these requirements sooner, please provide
direction to bring the topic to the March 8, 2022 regular Council meeting.
RECOMMENDATION: The City Manager recommends approval of the resolution to direct the City
Manager to terminate the emergency declaration.
Attachments: March 12, 2020 Emergency Declaration
Resolution 20-2020
145
A DECLARATION OF LOCAL DISASTER EMERGENCY on March 12, 2020
WHEREAS, pursuant to the Colorado Disaster Emergency Act, C.R.S., Section 24-33.5-701, et seq.,
the City of Aspen ("City") has identified a local disaster currently present in the City, to wit, the occurrence
or imminent threat of widespread or severe damage, injury or loss of life or property resulting from COVID-
19 requiring emergency action to avert danger or damage and to protect public health; and
WHEREAS, the cost and magnitude of responding to and recovery from the impact of COVID-19 is
far in excess of the City's available resources; and
WHEREAS the Colorado Governor Jared Polis and Colorado Department of Public Health and
Environment have indicated the likelihood of community transmission of COVID-19 within the Cityof Aspen
on March 11, 2020; and
WHEREAS, it would be appropriate and in the interests of the public.health and safety, and would
further protect property, for the City to take immediate actions for public safety, health and welfare; and
WHEREAS, pursuant to C.R.S. § 24-33.5-709, Aspen Municipal Code Chapter 4.12, and the
emergency management and operations plans and resolutions of Aspen, Colorado, the City Manager is
authorized to declare a local disaster emergency.
NOW, THEREFORE, THE CITY MANAGER OF THE CITY OF ASPEN HEREBY DECLARES THE
FOLLOWING:
Section 1. That there is a local disaster emergency in the City of Aspen, Colorado, to wit, the occurrence or
imminent threat of widespread or severe damage, injury or loss of life or property resulting from COVID-
19 requiring emergency action to avert danger or damage.
Section 2. That the effect of this declaration of disaster shall be to activate the response and recovery
aspects of any and all applicable local and interjurisdictional disaster emergency plans and to seek and
authorize the furnishing of aid and assistance under such plans.
Section 3. That City of Aspen residents, businesses and visitors are encouraged to remain informed, follow
the U.S. Center for Disease Control guidance for mitigation strategies for communities with local COVID-19
transmission.
Section 4. That this declaration shall be effective upon the date and time given below and shall remain in
effect for a period not to exceed seven days thereafter except by or with the consent of a majority of the
members of the City Council. Two copies will be filed promptly with the Pitkin County Emergency Manager,
the Colorado Office of Emergency Management, the Pitkin County Clerk and Recorder and the City Clerk
and shall be promptly distributed to the appropriate representatives of the news media.
Dated: March 12, 2020, Time: 1'4' Oi
THE CITY OF ASPEN, a Colorado Home Rule
Mu ality, by a through its City Manager
7,-- 6-6 -.;"
Sara G. Ott, City Manager
146
mV
Emergency Administrative Order #1-2020
CITY OF ASPEN By City Manager Sara G. Ott
Whereas, an emergency declaration for the City of Aspen, Colorado, was executed on March 12,
2020; and
Whereas, in the interest of public safety it is the responsible and proactive approach to
implement mitigation strategies to limit the transmission of COVID-19 within the city limits;
Whereas, local resources of the city of Aspen are not sufficient to immediately implement
mitigation strategies in all non-essential public facilities; and
Whereas, maintaining healthy work environments is important for personal and community
health, including keeping first responders and essential government services operating.
Now therefore, I, Sara Ott, City Manager of Aspen, Colorado issue the following emergency
administrative orders to be implemented by the staff of the City of Aspen:
Section 1: The following facilities shall be closed to the general public through March 31, 2020. Events
and programming in these facilities shall be cancelled until March 31, 2020. This date may be extended
in the future.
Aspen Recreation Center
Aspen Ice Garden
Red Brick Recreation Center
Red Brick Art Gallery and meeting rooms
Aspen Golf Simulator
Wheeler Opera House
Section 2: Recreational classes and programs, City advisory boards and commission meetings and City
sponsored public open houses are cancelled through April 15, 2020.
Section 3: Regular city council meetings, Historic Preservation Commission, Board of Adjustments and
Planning Commission will continue as scheduled. The public can expect some changes to accommodate
social distancing.
Section 4: Basic social distancing practices shall be implemented in City buildings. The public is
encouraged to use telephone and online resources for accessing government services when reasonably
possible.
Section 5: Additional restrictions and possible cancellations of special events should be announced
shortly.
Date: March 12, 2020 Time:
Sara G. Ott, City Manager
147
RESOLUTION #030
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TERMINATING THE EMERGENCY DECLARATION OF
MARCH 12, 2020, RATIFIED BY CITY COUNCIL PURSUANT TO
RESOLUTION NO. 20, SERIES OF 2020.
WHEREAS, in 2020, pursuant to the Colorado Disaster Emergency Act,
C.R.S., Section 24-33.5-701, et seq., the City of Aspen (“City”) identified a local
disaster within the City, to wit, the occurrence or imminent threat of widespread or
severe damage, injury or loss of life or property resulting from COVID-19
requiring emergency action to avert danger or damage and to protect public health;
and
WHEREAS, pursuant to C.R.S. § 24-33.5-709, Aspen Municipal Code
Chapter 4.12, and the emergency management and operations plans and
resolutions of Aspen, Colorado, on March 12, 2020, at 14:07 Mountain Daylight
Time, the City Manager declared a local disaster emergency (the “Declaration”).
Such Declaration was ratified by City Council as required by law on March 13,
2020, pursuant to Resolution No. 20, Series of 2020; and
WHEREAS, the City Council desires to terminate the Declaration; and
WHEREAS, pursuant to C.R.S. § 24-33.5-709(2), “[a]ny order or
proclamation … terminating … a local disaster emergency shall be given prompt
and general publicity and shall be filed promptly with the county clerk and
recorder … and with the office of emergency management.”
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
THAT, the Declaration of Local Disaster Emergency for the City of Aspen,
Colorado of March 12, 2020 as ratified by the City Council in Resolution #20,
Series of 2020, is hereby rescinded, effective immediately.
Provided, however, that this Resolution shall not terminate Resolution #90,
Series of 2021, as later updated pursuant to Resolution #13, Series of 2022,
concerning the Wheeler Opera House and performances and activities therein.
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INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 22
nd day of February 2022.
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, February 22, 2022.
Nicole Henning, City Clerk
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CITY OF ASPEN, COLORADO
CITY COUNCIL
RESOLUTION # 20
Series of 2020)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
EXTENDING THE CITY OF ASPEN EMERGENCY DECLARATION OF MARCH 12, 2020
FOR COVID-19 LOCAL DISASTER
WHEREAS, pursuant to the Colorado Disaster Emergency Act, C.R.S., Section 24-33.5-701, et seq.,
the City of Aspen ("City") has identified a local disaster currently present in the City,to wit,the occurrence
or imminent threat of widespread or severe damage, injury or loss of life or property resulting from COVID-
19 requiring emergency action to avert danger or damage and to protect public health; and
WHEREAS, the cost and magnitude of responding to and recovery from the impact of COVID-19 is
far in excess of the City's available resources; and
WHEREAS the Colorado Governor Jared Polis and Colorado Department of Public Health and
Environment have indicated the likelihood of community transmission of COVID-19 within the City of Aspen
on March 11, 2020; and
WHEREAS, pursuant to C.R.S. § 24-33.5-709, Aspen Municipal Code Chapter 4.12, and the
emergency management and operations plans and resolutions of Aspen, Colorado, on March 12, 2020, at
14:07 Mountain Daylight Time, the City Manager declared a local disaster emergency. A copy of the
declaration is attached hereto. Pursuant to C.R.S. §24-33.5-709 (1),the declaration shall not be continued
or renewed for a period of in excess of seven days except by or with the consent of the City Council; and,
WHEREAS, the City Council finds that it is appropriate and in the interests of the public health,
safety, and welfare and would further protect property,for the City Council to ratify the actions of the City
Manager and to extend the declaration until such time as the City Council terminates such declaration.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO,
Section 1. That the City Council hereby confirms, determines, and declares that there is a local disaster in
Aspen,Colorado,to wit,the occurrence or imminent threat of widespread or severe damage, injury or loss
of life or property resulting from COVID-19 virus, including the presences and likelihood of additional cases,
requiring emergency action to avert danger or damage.
Section 2. That the effect of this declaration of disaster shall be to continue the response and recovery
aspects of any and all applicable local and interjurisdictional disaster emergency plans and to authorize the
furnishing of aid and assistance under such plans,including, but not limited to aid and assistance requested
or required to support Pitkin County.'Colorado.
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Section 3. That the City Manager is directed and authorized to continue coordination with internal and
external partners and to direct city staff as appropriate and necessary to address the local disaster
emergency.
Section 4. That the City Council directs the City Manager to implement steps for long term continuity of
government services.
Section 5. That the City Council hereby ratifies and adopts the actions of the City Manager and hereby
extends the Declaration of Local Disaster Emergency until such time as the City Council terminates such
declaration.
Section 6. That the City Clerk is directed to ensure this resolution and declaration is promptly filed with the
Pitkin County Clerk and Recorder, the Pitkin County Emergency Manager, and shall be distributed to the
appropriate representatives of the news media.
BE IT FURTHER RESOLVED that this Resolution shall be effective upon the date and time given below.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 13th day of March
2020, at p.m., Mountain Daylight Time.
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 As n,Colorado, at a meeting
held on March 13, 2020,
f
Nicole Henning, City Clerk
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1
REGULAR MEETING ASPEN CITY COUNCIL FEBRUARY 8TH, 2022
At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Hauenstein,
Richards, and Mesirow in attendance via WebEx.
Mayor Torre introduced a proclamation for the National Brotherhood of Skiers. He read the
proclamation and welcomed them to Aspen.
COUNCIL COMMENTS:
Councilor Doyle thanked Shannon for all her help,and we are all looking forward to meeting in person.
Councilor Richards said we’ve reached the midpoint of winter. We have many blue bird days, but there
is black ice out there so be careful.
Mayor Torre asked Councilor Richards to give a motion to contribute the $5000 to the recovery
foundation fund for the Boulder County fire; Councilor Doyle seconded. Roll call vote: Doyle, yes;
Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Mayor Torre said it’s not a lot but it’s our way of supporting them. Please go onto commfound.org to
donate from the public and help our front range neighbors out. Babs at Big Wrap is a point of contact for
the community on this as well.
Councilor Hauenstein said the incident rate in Pitkin County is still above where we like to see, but AVH
is in good shape for caring for people. He doesn’t feel the community is at much of a risk than before.
The Board of Health will be making a decision on the 10
th, and he is hoping we can remove the mask
mandate in light of this.
Councilor Mesirowoffered the same. We need to look at whole picture and we’re in different place
now. The balance has shifted and there is more harm from the mental and social elements being done
now and that’s a new thing. He supports removal of the mask mandate.
Councilor Richards saidshe’s at the center of the seesaw. She’s concerned about visitors still coming in
and she can’t say whether to keep it or get rid of it.
Mayor Torre said he will share the agenda with them as soon as he gets it and we will get our voice
together.
Mayor Torre wants to encourage people to check out aspenfilm.org. They have a lot of partnerships
throughout the valley. They have a lot of diverse programming. Laura Whitley will be at Skye Gallery
tomorrow and is embarking on a new art project. There will be a DJ and drinks and is a great local’s
event. She will be erecting a large open air meditation pyramid down valley. It’s an amazing project with
a lot of locals involved. Michaela Shiffrin is racing tonight at 6 p.m. He’s extremely proud of this council
and our staff. it’s apparent to him how much work we are taking on. We get different input about
whether it’s the moratorium or changes to parking or downtown. These are days and opportunities to
really move our community in a way that best suits our community for sustainability. We are asking a lot
of our staff and each other.
Councilor Doyle gave a shout out to Ryan Cochran Siegel who won silver. It was a huge day for US
downhill skiing.
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2
REGULAR MEETING ASPEN CITY COUNCIL FEBRUARY 8TH, 2022
CITY MANAGER COMMENTS:
City Manager, Sara Ott, said the funds for Boulder will be chargedto the council discretionary budget.
She will be forwarding an interesting article about inequality in ski towns, which was published
yesterday in Desert News, and highlights Aspen quite a bit.
BOARD REPORTS:
Councilor Richards saidthere is no APCHA this week, but on the 16th. The Reudi Power & Water
Authority will be having a mini retreat and she will be attending. There is a CML call coming on Friday for
state legislature. Next week there is a policy committee for Club 20.
Councilor Doyle has the Nordic Council next week and the CML conference next week in Denver.
Councilor Mesirow said he had NWCOG in which they drafted an outline for a policy statement for state
legislatures. They received mental health reports from different counties, and a lengthy jobs report
regarding the great resignation/reshuffling. They had APCHA a week ago and they got a Hometrek
quarterly report and is on the public website. We worked on a communication plan including social
media and newspapers.
Councilor Hauenstein said he had a CCLC meeting and continued to review and choose the Saturday
Market vendors. He also has a CORE meeting this Thursday. Wheeler and RFTA are coming up along with
Sister Cities. Friday is the Pitkin County Housing Coalition, so there is a lot coming up.
Mayor Torre said he has the Board of Health, Wheeler, and an ACRA retreat coming up on the 22
nd. He
also has RFTA.
CONSENT CALENDAR:
Mayor Torre said he wanted to bring up a clarification on Resolution #015, Series of 2022 – Recreation
Facility Master Plan Project.
Councilor Hauenstein said he doesn’t think the GMQ’s program meets their needs. We need a more
meaningful matrix on growth.
Councilor Richards moved to approve the consent calendar; Councilor Mesirow seconded. Roll call vote:
Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
PUBLIC HEARINGS:
Ordinance #01, Series of 2022 – Amending Title 5 Marijuana and Alcoholic Beverages -James R. True,
City Attorney.
Mr. True said this was brought forward by the Local Licensing Authority pursuant to Resolution #01 for
the adoption of these amendments. These changes clarify various issues that have come up with the
board over the years.
Mayor Torre opened public comment.
Mayor Torre closed public comment.
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3
REGULAR MEETING ASPEN CITY COUNCIL FEBRUARY 8TH, 2022
Councilor Doyle moved to approve Ordinance #01, Series of 2022; Councilor Richards seconded. Roll call
vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
ACTION/WORK SESSION ITEMS:
EOTC Work Plan Amendments – David Pesnichak
Mr. Pesnichak reviewed the amendments with council.
Councilor Richards said she would like to see another EOTC retreat scheduled, and she is disappointed.
She said the open space issue regarding the entrance to Aspen should be included in this.
Ms. Ott said it’s a timing issue.
Councilor Hauenstein said thank you to Mr. Pesnichak and he will support this.
Councilor Hauensteinmotioned to approve the amendments; Councilor Mesirow seconded. Roll call
vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, no; Torre, yes. 4-1, motion carried.
Affordable Housing Strategic Plan – Assistant City Manager, Diane Foster
Council held a lengthy discussion on the housing plan which Ms. Foster presented.
______________________________
City Clerk, Nicole Henning
154
MEMORANDUM
TO:Mayor and City Council
FROM:Diane Foster, Assistant City Manager
THROUGH:Sara Ott, City Manager
MEMO DATE:February 14, 2022
MEETING DATE:February 22, 2022
RE:Proposal to Create a Regional Housing Coalition
Letter of Intent/Invitation to Participate
REQUEST OF COUNCIL:
Review proposal to create a regional housing coalition and consider approving the
attached Letter of Intent.
SUMMARY AND BACKGROUND:
For approximately the past three and a half years a group of affordable housing advocates
from municipalities and counties throughout the valley have been working to promote
regional collaboration. This group, the Greater Roaring Fork Valley Housing Coalition
commissioned a regional housing study in 2019 and also worked to great a more formal
governance structure to support the group. APCHA staff participated as a member of this
group in 2018 and 2019. The COVID-19 pandemic interrupted this work for a short period
of time; their efforts restarted in the early fall of 2021.
At the direction of the City Manager and in alignment with the Affordable Housing Goal in
City Council’s August 2021 Priority Goal Resolution, the Assistant City Manager began
participating in meetings of this group in the fall of 2021.
Concurrent to the reinitiating of the Greater Roaring Fork Valley Housing Coalition, a
group of Roaring Fork local governments was awarded a “Resiliency and Recovery
Roadmap” planning grant by the State of Colorado. Through a stakeholder engagement
process including non-profits, private sector and public sector entities, the resounding
consensus of the group was to focus on workforce sustainability – and affordable housing
rose to the top of the stakeholders’ priority list. City staff has also been participating
regularly in the Roaring Fork Resiliency & Recover Roadmap process, led by Pitkin
County’s Assistant to the County Manager.
155
Through many discussions about governance structure and process, the group has
determined the best structure for supporting regional collaboration around affordable
housing would be a to create a nonprofit that could be responsible for implementing
regional housing programs, policies, and initiatives. This model has been successfully
implemented in other communities.
DISCUSSION:
As discussed in the 2019 Greater Roaring Fork Regional Housing Study
https://www.apcha.org/DocumentCenter/View/1197/Final-ReportGreater-Roaring-Fork-Regional-Housing-
Study20190417?bidId=,housing prices throughout the valley have skyrocketed and the need
for affordable housing in every ]Roaring Fork Valley and Colorado River Valley community
has intensified.
During its December 2021 Housing Retreat the Aspen City Council discussed the need
for regional collaboration on the issue of affordable housing. Regional collaboration is
called out as one of the Priority Action Items in the draft 2022-2026 Affordable Housing
Strategic Plan.
After evaluating multiple structure types, the two aforementioned groups determined that
a non-profit structure had some significant advantages over other governance structures,
namely:
Nonprofits can take advantage of loans and funding opportunities that may be
prohibitive for political subdivisions/local governments to access due to TABOR
limitations.
Nonprofits, if a qualified 501(c)(3), can raise charitable contributions to put toward
programming.
Provides an avenue for other nonprofits and stakeholder engagement not always
feasible in government structures.
Provides political independence from the government institutions. One of the value
points is that the nonprofit will be able to easily work across governmental lines
throughout the region.
At this point in time, the access to funding is perhaps the most significant advantage.
The initial list of participants includes those jurisdictions that have been most active in
these discussions and are the ones deemed more likely to approve this Letter of Intent
within the next month. Other local governments have participated more recently and may
sign on at a later date; the decision to put this agreement forward at this point was made
to facilitate the nonprofit’s creation as soon as possible so as not to miss upcoming grant
funding opportunities currently in the pipeline.
FINANCIAL IMPACTS:
This request for $10,000, if approved by City Council, would come out of the city’s
Affordable Housing Development Fund (Fund 150), as recommended by the
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Finance Director. If approved, staff will make a formal appropriation request as part
of the 2022 Spring Supplemental.
While there could be future requests from the nonprofit organization that would be
created, approving this Letter of Intent does not commit the city to any future
funding of this organization.
If approved, the funds will be held by a fiscal sponsor: the Garfield County Housing
Authority’s foundation that exists for the purpose of collecting charitable
contributions. For more information on this foundation: http://garfieldhousing.com/uncle-
bob-foundation/Importantly, any expenditures until the nonprofit is formed will be
approved by majority of members that sign on to this Letter of Intent. Upon
formation, all funds will be transferred to the nonprofit and responsibility of
expenditures will be subject to the new non-profit’s Board of Directors authority
and approval.
RECOMMENDATIONS:
Staff recommends City Council approve the Letter of Intent and support staff’s continued
participation in this process.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Proposal to Create a Regional Housing Coalition
Letter of Intent/Invitation to Participate
157
PROPOSAL TO CREATE A REGIONAL HOUSING COALITION
LETTER OF INTENT/INVITATION TO PARTICIPATE
February 3, 2022
Background
The Greater Roaring Fork Valley Housing Coalition originally convened in 2018 as an
informal vehicle to promote regional collaboration and cooperation across a team of
municipalities and counties on matters relating to affordable housing, primarily for the
region’s workforce but also for seniors and those in need of affordable and supportive
housing. In 2019, the Coalition commissioned the Greater Roaring Fork Regional
Housing Study with the purpose to create a common language with uniformly-collected
information and analysis to address regional problems.
After a pause due to Covid, the Coalition has reconvened due to the even further
exacerbated housing crisis in the region. Simultaneously, the Roaring Fork region was
awarded a State of Colorado “Resiliency and Recovery Roadmap” planning grant with
the intent of developing strategic regional housing initiatives that builds upon the 2019
Regional Study.
Over the past two months, the Greater Roaring Fork Housing Coalition Steering
Committee and Roadmap Planning Committee have been meeting regularly to
determine how the two efforts can leverage the resources and capacity available to
meaningfully address the regional housing needs.
Regional Housing Coalition Nonprofit
The Greater Roaring Fork Valley Housing Coalition Steering Committee and the
Roadmap Planning Committee desire to create a Colorado nonprofit corporation to
facilitate regional collaboration and cooperation to address regional housing issues and
serve as an implementation arm to regional housing strategic programs, policies and
initiatives.
Mission
The mission of the Coalition, and eventual nonprofit entity, is to increase the availability
and accessibility of affordable community housing in the region, including but not limited
to, senior housing, affordable and supportive housing, workforce housing (up to 150% of
AMI) and meet other housing needs that may arise.
158
Letter of Intent/Invitation to Participate
Page 2 of 6
Purpose
Create a formal nonprofit regional housing structure to meet the above stated mission
and:
1. Promote regional collaboration and cooperation in order to effectively address
the housing needs of the community including residents, seniors, and other
short- and long-term housing needs.
2. Educate and advocate for the region’s unique housing needs.
3. Serve as a resource for the government entities, affordable housing providers
and employers by researching and providing information regarding successful
affordable housing policies and strategies, financing and grant opportunities,
public/private development opportunities, state and federal legislation and
programs relating to affordable housing, and other topics.
4. Update and leverage the 2019 Greater Roaring Fork Valley Regional Study to
identify implementation actions to meet the aforementioned mission.
5. Seek and secure funding from public and other sources for future housing
acquisition, development and/or renovation.
6. Retain the ability to acquire and hold land for future development for housing, as
funding allows.
7. Collaborate with and potentially serve as the vehicle to implement the policies
and programs recommended by the RFV Roadmap Process.
Benefits of Regional Nonprofit Structure
The Colorado State Legislature is preparing to make $450 million in housing funds
available for affordable housing projects from ARPA funding with approximately 50%
available as grants and 50% as loans. The loan funds will be in the form of low/no-
interest loans that political subdivisions may not be able to borrow without a vote of the
people. With a nonprofit structure, a regional nonprofit entity is able to take advantage
of these loan and grant opportunities and a regional nonprofit dedicated to affordable
housing will make our region much more competitive for these funds.
● Nonprofits can take advantage of loans and funding opportunities that may be
prohibitive for political subdivisions/local governments to access due to TABOR
limitations.
● Nonprofits, if a qualified 501(c)(3), can raise charitable contributions to put
toward programming.
● Provides an avenue for other nonprofits and stakeholder engagement not always
feasible in government structures.
● Provides political independence from the government institutions. One of the
value points is that the nonprofit will be able to easily work across governmental
lines throughout the region.
159
Letter of Intent/Invitation to Participate
Page 3 of 6
Invitation to Participate
Government entities throughout the Greater Roaring Fork Region are being invited to
join the Coalition and commit to the formation of a nonprofit corporation. By signing onto
this Letter of Intent, each member jurisdiction commits to provide a one-time
contribution of $10,000 as seed capital to form and organize the nonprofit corporation in
advance of State ARPA funds becoming available. Ongoing participation beyond 2022
will be subject to future requests from the nonprofit based upon benefits and value to
the contributing member.
In addition to the one-time contribution, the signatories to this Letter of Intent will also
commit to work on the decision-making roles and the Board of Directors structure of the
nonprofit to best accomplish the missions and purpose. Other jurisdictions may sign on
following the initial execution.
Fiscal Sponsor
The Uncle Bob Foundation will serve as the fiscal sponsor for the Coalition until the
nonprofit entity is formed. The Uncle Bob Foundation, is a 501(c)(3) formed in 2000 by
the Garfield County Housing Authority to collect charitable contributions for Affordable
Housing projects in Parachute, Colorado. The Uncle Bob Foundation also served as
the fiscal sponsor for the 2019 Regional Housing Study and served as a pooling
resource for nonprofits during Covid to fund the Landlord/Tenant Initiative. .
Any expenditures until the nonprofit is formed will be approved by majority of members
that sign onto this Letter of Intent. Upon formation, all funds will be transferred to the
nonprofit and responsibility of expenditures will be subject to Board of Directors
authority and approval.
[This space intentionally left blank. Signatures on the following pages.]
160
Letter of Intent/Invitation to Participate
Page 4 of 6
City of Glenwood Springs, Colorado
By:
, its
Date:
Town of Carbondale, Colorado
By:
, its
Date:
Town of Basalt, Colorado
By:
, its
Date:
Town of Snowmass Village, Colorado
By:
, its
Date:
161
Letter of Intent/Invitation to Participate
Page 5 of 6
City of Aspen, Colorado
By:
, its
Date:
Pitkin County, Colorado
By:
, its
Date:
Garfield County Housing Authority
By:
, its
Date:
Eagle County Housing and Development Authority
By:
, its
Date:
162
MEMORANDUM
TO: Mayor Torre and City Council
FROM: Tessa Schreiner, Sustainability Programs Administrator
THRU: Ashley Perl, Climate Action Manager; CJ Oliver, Director of
Environmental Health and Sustainability; Phillip Supino, Community
Development Director; Diane Foster, Assistant City Manager; and
Scott Miller, Director of Public Works
MEMO DATE:February 14, 2022
MEETING DATE:February 22, 2022
RE:Resolution No. 021, Series of 2022 – Policy Resolution
Building IQ
REQUEST OF COUNCIL:
Staff requests Council consider the attached resolution as the first step in implementation
of the Building IQ program. Further, staff recommends City Council approve Policy
Resolution No. 021, Series of 2022 directing staff to take meaningful action towards
achieving City Council’s carbon reduction goals.
PREVIOUS COUNCIL ACTION AND BACKGROUND:
On August 10, 2021, City Council adopted Resolution #76_Series 2021, which set City
Council’s top priorities for the current two-year cycle. The Carbon Goal directed staff to
reduce Aspen’s greenhouse gas emissions in the following way: Take meaningful action
and provide leadership in reducing the Aspen community’s contribution to greenhouse
gas emissions by the amount which is scientifically proven to limit global temperature
change.
This will be accomplished through:
a. Maximizing efficiency and minimizing carbon emissions in all of Aspen’s emissions
inventory sectors including: Waste Reduction and Diversion, Transportation, and
the Built Environment
b. Leading climate policy and legislative efforts at local, regional, national, and global
scales
In November 2021, the City of Aspen joined hundreds of international communities and
businesses in the Race to Zero, a global campaign driving cities to work towards a zero
carbon, resilient future. At the November 15, 2021 Work Session, staff presented Council
with a roadmap for achieving this goal, which includes five key workplan areas or
elements: building energy use, waste reduction, fleet electrification, policy, and long-
range planning.
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Staff named Building IQ as the key initiative for moving the needle within the building
energy use element, in alignment with the recommendations from the Climate Action
Plan. At the December 13, 2021 Work Session, staff presented Council with an update
on Building IQ and received Council direction on key policy elements for benchmarking
(Phase 1: data tracking) and approval to move forward with a policy resolution and
ordinance in Q1 2022. Staff followed up with an info-only memo to Council with additional
information and resources to address Council’s questions.
At the Work Session on December 13, 2021, Council unanimously directed staff to bring
back a policy resolution for Building IQ.
Resolution No. 021, Series of 2022, if approved, would begin the amendment process for
Title 8, Buildings and Building Regulations. First and Second Readings of a Building IQ
Ordinance approving these amendments would come before Council in late March and
early April. Adoption of the Building IQ program is an important step in achievement of
Council’s Climate Action Goal. It is also essential to meeting emissions reduction targets
in the built environment to meet the 63% by 2030 community-wide emissions reduction
target set by Council.
At the January 11, 2022 meeting, Council adopted Resolution #002_Series of 2022,
adopting science-based GHG reduction targets set by ICLEI-Local Governments for
Sustainability. These targets commit Aspen to reducing greenhouse gas emissions by
63% by the year 2030 and 100% by the year 2050, along with additional waste reduction
targets. ICLEI also identified several high-impact actions that the City could take to reach
the science-based targets, and commercial and residential building efficiency, one of the
primary goals of Building IQ, is among the most impactful actions.
Without Building IQ, the City will not reach the science-based targets for 2030 or 2050.
The built environment accounts for 58% of the community’s greenhouse gas emissions
and thus has an effective opportunity for reduction that would also result in multiple
property owner and community benefits. A voluntary approach to Building IQ was directed
by Council in 2020, yet despite extensive outreach, no property owners have voluntarily
participated in the program. Staff is bringing Building IQ back to Council as a mandatory
ordinance for consideration, beginning the process with a Policy Resolution.
The proposed building code changes considered by this Policy Resolution would do two
things:
1. Require owners of commercial and multifamily properties to annually benchmark
and report their energy and water usage (Phase 1: data tracking)
2. Require owners of commercial and multifamily properties to reach an energy
efficiency standard, or building performance standard, over time. The specific
standards would be developed by staff and stakeholders and presented to Council
for consideration and adoption in 2023. (Phase 2: carbon reduction)
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DISCUSSION:
Energy and Water Benchmarking (Phase 1: data tracking):
Energy and water benchmarking is a process that takes 2-4 hours annually and provides
multiple benefits. Benchmarking for properties is the foundational phase of Building IQ
that provides property owners, the City, and service partners with crucial data on which
to build energy efficiency resources, programs, and requirements to reach the City’s
climate goals. Without this data tracking phase, strategic, targeted planning for reaching
the City’s greenhouse gas reduction goals is not possible.
More than 40 other communities in the United States have adopted benchmarking
policies; staff has analyzed these communities’ policy and program successes
extensively and is confident in the City’s ability to rollout an effective benchmarking policy
in line with these other communities. Should Council approve this Building IQ policy
resolution and forthcoming ordinance, Attachment B outlines a detailed timeline for key
benchmarking dates.
Building Performance Standard (Phase 2: carbon reduction):
Establishing a building performance standard, the carbon reduction phase of Building IQ,
is a way for the City to partner with property owners to accomplish a common objective:
energy and water savings. In order to transition to Phase 2 of a building performance
standard, staff will need to identify funding to support property owners in efficiency
upgrades. The goal is to create a program that leverages federal and local dollars to make
improvements and works hand in hand with property owners to provide tailored support.
Staff is confident that a building performance standard is the right policy tool to reduce
greenhouse gas emissions from the built environment while providing flexibility and
support to property owners. Without a mandatory carbon reduction phase (BPS), the City
will not reach community greenhouse gas reduction goals. In January 2022, Aspen signed
on to the Council on Environmental Quality’s BPS Coalition, a cohort of more than thirty
US cities, counties, and states who are committed to working with stakeholders to develop
equitable, impactful building performance standards for their communities. Eight
communities in the United States have passed building performance standard policies,
and Aspen has an opportunity to be one of the leading communities in this effort. Once
Council formally adopts Building IQ, staff will work to develop the specific standards over
the next year in an engagement process led by community stakeholders, property
owners, and technical experts, and will bring the standards to Council for consideration
and approval.
Next Steps:
Should Council approve this policy resolution for Building IQ, staff will bring back an
ordinance for Council consideration and adoption. Once adopted, Building IQ will be a
community program that will help municipal, commercial, and multi-family buildings save
energy and water in a community-wide effort to meet Council’s climate goal. By combining
resource benchmarking with efficiency improvements to reduce emissions from the
building sector, Building IQ supports building owners in taking control of their utility bills,
creates flexible energy efficiency improvement plans, provides funding support, and
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increases building performance to realize long-term savings with the end goal being to
support a building stock that is sustainable and high performing. Establishing this
impactful program is what the City must do to reach greenhouse gas emissions reduction
targets set by Council.
FINANCIAL IMPACTS: The EPA’s Portfolio Manager tool used for energy and water
benchmarking is free to building owners and free to the City of Aspen. Staff anticipates
the budget requirements in the first year of benchmarking for administration, building
owner support, and incentives can be covered with existing funds. Staff is also pursuing
grant funding through the Colorado Energy Office to support Aspen Utilities in
streamlining utility data sharing for an efficient benchmarking process. As the Building IQ
program grows to include more buildings over time, additional funding may be needed for
administrative and technical support. Additionally, there may be opportunities that emerge
from the Land Use Code amendment work under the current residential development
moratorium to develop new funding streams to finance elements of BIQ.
ENVIRONMENTAL IMPACTS: Building IQ is one of the most impactful programs that the
City can implement in order to reach the community carbon reduction goals. It will drive
environmental impact at scale because it provides tools and support for energy
management and consumption reduction for the majority of Aspen’s commercial and
multifamily square footage. It enables future CAP actions and empowers building owners
to understand their opportunity for reducing utility bills.
ALTERNATIVES:Council could not approve the Building IQ policy resolution, and staff
could instead bring back an ordinance for first reading with only benchmarking. Council
could also choose to keep the Building IQ program voluntary and not move forward with
a policy resolution or an ordinance. Under these scenarios, additional analysis would be
needed to determine whether Council’s adopted emissions reduction targets could be
achieved by other means.
RECOMMENDATIONS:Staff recommends Council approve Policy Resolution No. 021,
Series of 2022.
ATTACHMENTS:
Attachment A – Policy Resolution – Building IQ
Attachment B – Benchmarking Timeline
CITY MANAGER COMMENTS:
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RESOLUTION NO. 021
SERIES OF 2022
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING
POLICIES AUTHORIZING AMENDMENTS TO THE BUILDINGS AND
BUILDING REGULATION CODE TO INCLUDE ENERGY AND WATER
BENCHMARKING AND BUILDING PERFORMANCE STANDARDS IN
SUPPORT OF CITY COUNCIL’S CLIMATE GOALS
WHEREAS,human activities are undeniably the primary cause of climate change
and continue to exacerbate the global climate emergency; and,
WHEREAS,the City of Aspen recognizes that anthropogenic climate change and the
impacts to the ecological and economic health of the community constitutes an emergency
and a threat to the health and safety of the residents of the City of Aspen and the global
community; and,
WHEREAS, the City of Aspen is a signatory to the US Mayors Climate Protection
Agreement, the Chicago Climate Exchange, and the Global Covenant of Mayors for Climate
and Energy, and
WHEREAS, the impacts from climate change are already evident in Aspen
including hotter temperatures, shifting rain and show patterns, and more precipitation
arriving as rain rather than snow; and,
WHEREAS, the citizens and building owners of the City of Aspen have long held
environmental stewardship as a community value, and are actively seeking ways to reduce
their greenhouse gas emissions; and,
WHEREAS, Aspen’s greenhouse gas emissions caused by all activities occurring
in the community including the growing population of full-time and part-time residents,
visitors, and commuters are contributing to this climate reality; and,
WHEREAS,the built environment accounts for 57% of the Aspen community’s
greenhouse gas emissions; and,
WHEREAS, actions to reduce climate changing greenhouse gas emissions are
required to prevent the worst impacts to the Aspen community and ecology; and,
WHEREAS, to address the climate emergency and support community
sustainability, the City of Aspen has adopted science-based targets committing the City
and the community to a 63% reduction of 2017 emissions by 2030 and 100% reduction of
emissions by 2050; and,
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WHEREAS,City Council adopted Resolution #76 - Series 2021, which
established a Carbon Goal and set City Council’s top climate action priorities; and,
WHEREAS, combining energy and water benchmarking and a building
performance standard (BPS) provides an effective and flexible pathway for buildings to
realize energy savings and emissions reductions; and,
WHEREAS,Aspen’s Climate Action Plan highlights amendments to Title 8 –
Buildings and Building Regulations as well as benchmarking and BPS as the most
impactful steps Aspen can take to achieve its carbon reduction goals; and,
WHEREAS, during a work session on December 13, 2021, Climate Action staff
received direction from City Council to draft targeted amendments to the Buildings and
Building Regulations Code related to energy and water benchmarking and BPS; and,
WHEREAS,amending the Buildings and Building Regulations Code as described
below will ensure the ongoing effectiveness and viability of the regulations within the City of
Aspen Buildings and Building Regulations Code to achieve City Council’s climate and
building energy and water efficiency policy; and,
WHEREAS,increasing the resource efficiency of Aspen’s existing building stock is
essential in the maintenance of a sustainable community and the regulations and standards in
the Buildings and Building Regulations Code provide important tools in the increase of
building energy efficiency within the Cityof Aspen; and,
WHEREAS,City of Aspen staff and departments, including the Community
Development and Utility Department, following approval of this Policy Resolution will
conduct ongoing community engagement with the public, property owners, and members
of the development community; and will propose an Ordinance to be considered at First
and Second Reading; and,
WHEREAS,this Resolution does not amend the Buildings and Building Regulations
Code, but provides direction to staff for amending the Buildings and Building Regulations
Code; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for
the promotion of public health, safety, and welfareand in alignment with City Council’s goals.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Overall Code Amendment Objectives
The objectives of these code amendments are to:
1. Align City Council’s policies and regulations in the Buildings and Building
Regulations Code more closely with climate goals.
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2. Add enforceable regulations to reduce the resourceuse of Aspen’s built environment.
3. Continue implementation of meaningful greenhouse gas emissions reductions in
support of the community’s climate action goals.
4. More directly recognize the importance of building energy and water efficiency in the
path to net zero carbon.
5. Improve policies to further encourage energy and water efficiencies in commercial
and multi-family buildings.
6. Partner with building owners on achieving common goals of tracking and reducing
energy and water consumption, realizing savings, and advancing efficient, high-
performing buildings
7. Gather crucial data to better serve customers, develop high quality programs, and plan
for the future.
8. Maintain a high-performing, sustainable building stock for the Aspen community.
Section 2: Topics for Potential Code Amendments
Titles 8, 13, and 26 of the City of Aspen Municipal Code may be amended to include the
following:
1. Energy and Water Benchmarking Requirements for commercial and multi-family
buildings (Phase 1: data tracking):
a. Requires property owners to annually track energy and water consumption
and report it to the City using a free online tool.
b. Creates a consistent and streamlined process for tracking and analyzing
community building performance and consumption patterns.
c. Build customer service capacity to support property owners in program
participation.
2. Building Performance Standard Requirements for commercial and multi-family
buildings (Phase 2: carbon reduction):
a. Requires property owners to meet an established building performance
(efficiency) standard for their building type to meet the City’s climate goals
b. Directs staff, led by community stakeholders, to develop the specific
standards to be brought back in the form of BPS Guidelines for Council
consideration and approval.
Section 3: Other Amendments as Necessary
Other amendments may be required to ensure coordination between other sections in the
Buildings and Building Regulations Code which may not have been anticipated.
Section 4:
This resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded under
such prior resolutions or ordinances.
Section 5:
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If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct, and independent provision and shall not affect the validity of
the remaining portions thereof.
FINALLY,adopted this 22nd day of February 2022.
______________________________________
Torre, Mayor
ATTEST:APPROVED AS TO FORM:
_______________________________________________
Nicole Henning,City Clerk James R True, City Attorney
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Benchmarking Timeline
Sector Property
Properties first
notice of
upcoming
benchmarking
due date
Property
owners/managers
collect property
information and
utility data
Initial Reporting
Date
Calendar year
of utility data
to report in
first
benchmarking
year
Date that property
benchmarking
information is
included in annual
aggregated
community
benchmarking report
Covered
City
Properties
All covered City
Properties N/A November 2021 –
February 2022 March 2022 2021 July 2022
Covered
Non-City
Properties
Covered Commercial
properties ≥ 20k sq. ft June 1, 2022 June 1, 2022 –
November 2022 December 1, 2022 2021 January 15, 2023
Covered Commercial
properties ≥ 15k sq. ft.January 1, 2023 January 1, 2023 –
June 2023 June 1, 2023 2022 September 1, 2023
Covered Commercial
properties ≥ 10k sq. ft.January 1, 2024 January 1, 2024 –
June 2024 June 1, 2024 2023 September 1, 2024
Covered Commercial
properties ≥ 5k sq. ft.January 1, 2025 January 1, 2025 –
June 2025 June 1, 2025 2024 September 1, 2025
Covered Multifamily
properties ≥ 20k sq. ft.January 1, 2023 January 1, 2024 –
June 2024 June 1, 2024 2023 September 1, 2024
Covered Multifamily
properties ≥ 15k sq. ft.January 1, 2024 January 1, 2025 –
June 2025 June 1, 2025 2024 September 1, 2025
171