HomeMy WebLinkAboutresolution.council.025-22 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 9d'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 February 2022.
Torre, Mayor
ATTEST: APPROVED AS TO FORM:
c
Nicole Henning,City Cle ames R True, City Attorney
DocuSign Envelope ID:4E9E6689-2704-4804-80C7-7AA06BCEF8B6
ATTACHMENT B
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 PI, 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 9t' Judicial
District to operate in the courthouse while work is conducted.
WHEREAS, It is the shared goal of the County and the 91h 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 9t'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
1
DocuSign Envelope ID:4E9E6689-2704-4804-80C7-7AA06BCEFBB6
ATTACHMENT B
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$15.001 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
2
DocuSign Envelope ID:4E9E6689-2704-4804-80C7-7AA06BCEF8B6
ATTACHMENT B
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.
3
DocuSign Envelope ID:4E9E6689-27044804-80C7-7AA06BCEF8B6
ATTACHMENT B
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 maybe 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
4
DocuSign Envelope ID:4E9E6689-2704-4804-80C7-7AA06BCEF8B6
ATTACHMENT B
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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DocuSign Envelope ID:4E9E6689-2704-4804-80C7-7AA06BCEF8B6
ATTACHMENT B
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:
F
o.suape.esr.Oukt,S r
1h9'
James R. True, City Attorney
BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM
OF PITKIN COUNTY, COLORADO
By: By:
6
DocuSign Envelope ID:4E9E6689-2704-4804-80C7-7AA06BCEF8B6
ATTACHMENT B
Patti Clapper, Chair John Ely, County Attorney
Manager Approval: ATTEST
Jon Peacock, County Manager Julia Ely, Deputy County Clerk
Form Revised 01-01-2022
7
INTERGOVERNMENTAL AGREEMENT
By and Between
The City of Aspen and County of Pitkin
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made
this 31 day of March , 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 PI,
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 9t' Judicial
District to operate in the courthouse while work is conducted.
WHEREAS, It is the shared goal of the County and the 9t'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 9t'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
1
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$15.001 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
2
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.
3
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. Assi ng ability_. 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
4
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@nitkincount,
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
5
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 23rd day of February, 2022
The foregoing Agreement is approved by the City of Aspen at its regular meeting
held on the 31 day of March , 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:
_7v-g--
Torre,Mayor
ATTEST:
Nab- ffi&wlm
Nicole Henning
Approved as to Form:
,,ants X• lhal
James R. True, City Attorney
6
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO APPROVED AS TO FORM
By: !Fm"t, Svwb ,Y' By: 5*w el
Francie Jaco er, Vice Chair John Ely, County Attorney
Manager Approval: ATTEST
P4s Ika O, �& '1'1
Phylis Mattice for Jon Peacock, Julia Ely, Deputy County Clerk
County Manager
Form Revised 01-01-2022
7