HomeMy WebLinkAboutresolution.council.088-21RESOLUTION # 88
(Series of 2021)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE
CITY OF ASPEN AND COLORADO MOUNTAIN COLLEGE (CMC) AND
AUTHORIZING THE MAYOR TO EXECUTE SUCH IGA ON BEHALF OF THE CITY
OF ASPEN.
WHEREAS, both the City of Aspen and CMC recognize the importance of professional
childcare services in the community; and
WHEREAS, providing quality, affordable childcare services are a cornerstone to
economic recovery from the COVID pandemic; and
WHEREAS, strengthening and expanding childcare opportunities provides an economic
benefit to businesses and employers throughout the region; and
WHEREAS, the City of Aspen is making a significant investment to modify and
remodel a classroom to create a high -quality space for infant care.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the Intergovernmental
Agreement (IGA) between the City of Aspen and Colorado Mountain College (CMC), a true and
accurate copy of which is attached hereto and incorporated herein, and does hereby authorize the
Mayor of the City of Aspen to execute such IGA on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
12 t �' day of October 2021.
I, Nicole IIenning, 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 October 12,
v
� r
Nicole Henning, City C k
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY COUNCIL OF THE CITY OF ASPEN AND
THE BOARD OF TRUSTEES OF COLORADO MOUNTAIN COLLEGE
REGARDING THE USE OF COLORADO MOUNTAIN COLLEGE FACILITIES FOR THE
ESTABLISHMENT OF
AN INFANT CARE LEARNING LAB AT THE ASPEN CAMPUS
PARTIES
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this 1211 day of
October 2021 by and between the CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF ASPEN
(hereinafter referred to as "CITY), and COLORADO MOUNTAIN COLLEGE (hereinafter referred to
as "COLLEGE").
RECITALS
WHEREAS, both CITY and COLLEGE recognizethe importance of professional childcare services in
the community; and
WHEREAS, providing quality, affordable childcare services are a cornerstone to economic
recovery from the COVID pandemic; and
WHEREAS, strengthening and expanding childcare opportunities provides an economic benefit
to businesses and employers throughout the region; and
WHEREAS, CITY plans significant investment, up to $75,000, to modify and remodel a classroom
to create a high quality space for infant care.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements of the
parties and other good and valuable consideration, the adequacy and sufficiency of which is
hereby acknowledged, the parties agree as follows:
AGREEMENT
Use of Facility
a. COLLEGE agrees to provide one classroom at the Aspen Campus that will be
remodeled and converted to an infant care facility, providing quality infant care (up to 18 months
old) for up to 8 infants as well as a designed outdoor space that CITY will design and pay for
conversion to a playground area (the "Facility").
b. CITY shall have a designated entrance on the east side of the building for ingress
and egress to the Facility and shall only access such areas of the Aspen Campus as are necessary
for the use of the Facility. All parking will also be only on that side of the building.
c. CITY agrees to use its best efforts to insure that all users of the Facility obey all
applicable policies, rules and regulations of the COLLEGE. Upon any violation of any College
policies, rules, regulations, the COLLEGE may in its sole discretion expel any individual violating
the policy, or may terminate this entire Agreement. City will use the Facility only for the purpose
described.
d. CITY agrees that all participants are under the direct and complete supervision and
control of CITY. CITY shall be responsible for any damage to COLLEGE facilities or personal
property caused by the CITY, its participants, or guests. COLLEGE shall not be liable for property
damage, personal injury, damages, or other losses or expenses sustained by CITY. CITY assumes
all risks injuries to its participants and loss or damage to its property and the property of its
participants.
Remodel of Facility.
a. CITY agrees to pay for the remodeling of the classroom, up to $75,000, into an
infant care facility. CITY will be responsible for all of the costs of making modifications to the
Facility, including modifications to the classroom and for expenses associated with construction
of an outdoor play space.
b. The specifications of the classroom will meet or exceed all local, state and federal
regulations. CITY and COLLEGE will meet and confer to approve the features, furniture and
fixtures of the space design.
C. COLLEGE and CITY will agree and approve construction plans. CITY staff,
specifically from Kids First and Assets Departments, must approve the initial plans and any
subsequent change orders.
d. Construction management will be under the supervision of CITY facility staff.
COLLEGE staff will be consulted and shall approve any changes made in the field prior to
authorizing said changes. COLLEGE shall assist in facilitating access, work hours and other items
on site during construction and COLLEGE shall participate in any pre -construction meetings to
provide guidance on any logistical matters.
III. Term. The term of this agreement shall commence at 12:01am on October 13, 2021 and
continue for a period of one (1) year. The Parties may mutually agree to extend the Term in
writing for additional one-year terms. Either Party may terminate this Agreement upon sixty (60)
days' written notice. Upon termination of this Agreement, CITY shall remove all personal
property. Any fixtures or improvements to the Facility that cannot be removed without damage
to the Facility shall become the property of COLLEGE.
IV. Fees. CITY agrees to pay COLLEGE the sum of $0 per month for use of the Facility.
V. Management and Operations.
a. The infant care program will be operated and managed by CITY and COLLEGE shall
have no responsibilities for the infant care. The City may subcontract with or sublease the space
to a qualified party that is appropriately licensed by the State of Colorado for the operation and
management of the program.
b. Whenever an infant care space becomes available, priority will be given to
children of COLLEGE faculty and staff, up to a total of three spaces. If there are no available
infants of COLLEGE faculty or staff, CITY will fill that space with an infant from the general public.
CITY shall determine the criteria and process for filling spaces in the program.
VI. Learning Lab Opportunities.
a. The Parties agree that early childhood professionals require education and
training before entering the workforce and creating a pipeline of qualified childcare professionals
helps children and families throughout the Roaring Fork Valley and beyond.
b. The Parties agree to collaborate on the development of a new early childhood
education program, if the needs of COLLEGE support such program, where the Facility could be
used as a learning lab for such educational program.
VII. Insurance. CITY shall maintain the insurance coverages and limits as outlined in Colorado
Mountain College Insurance Requirements attached hereto as Exhibit A. Additional coverage may
be required dependent upon the nature and scope of the event or activity. Any deviation from
these requirements must be discussed with and approved by CMC Risk Management prior to the
issuance of the certificate of insurance.
IIX. Miscellaneous
a. Except as otherwise provided herein, this Agreement and all these terms and
conditions may not be amended or modified absent a written agreement duly executed by the
parties.
b. The terms, conditions, and provisions of this Agreement shall be deemed to be
severable. If any provision contained herein shall be determined to be invalid by a court of
competent jurisdiction or by operation of any applicable law, it shall not affect the validity or any
other clause or provision herein.
C. Any formal notice, demand or request provided for in this Intergovernmental
Agreement shall be in writing and shall be deemed properly given if deposited in the United
States Mail, postage prepaid to:
City of Aspen
Attn: City Manager
130 South Galena Street
Aspen, Colorado 81611
With a copy to:
James R. True, Esq
City Attorney
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Colorado Mountain College
Attn: Julie S. Hanson
Director of Purchasing &
Contracts
802 Grand Ave.
Glenwood Springs, CO 81601
With a copy to;
Steven Skadron
Vice President and Dean, Aspen
& Carbondale Campuses
255 Sage Way
Aspen, CO 81611
APPROVED by the City Council of the City of Aspen on the 12th day of October, 2021.
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 en, Colorado, at a
meeting held on the day hereinabove stated.
"la a&.- IL
Nicole Henning, City CJerk
COLORADO MOUNTAIN COLLEGE
tally signed
Julie S.
❑y Julie S. Hanson
'Jae::' .'1.12.08
Hamnn-,.:�qA.e-
By: Julie S. Hanson, Director of Purchasing
& Contracts
Exhibit A - Colorado Mountain College Insurance Requirements
All vendors or organizations providing services to or doing business with Colorado Mountain College, a Local College
District ("CMC") must maintain the following types of insurance with minimum limits of liability as stated below for the
duration of the contract. Please send these requirements to your insurance agent or broker and have them provide a compliant
Certificate of Liability Insurance (preferably a standard Acord form) to CMC.
Certificates of Liability Insurance evidencing the coverage, limits and endorsements outlined below must be i s s ue d by
the insurance agent or carrier at least (5) working days prior to contract execution or work commencing. Upon hiring any
contractor, subcontractor, or infant care center operator, the City shall specify at a minimum the same insurance contained
herein from their contractor, subcontractor or operator, and shall provide CMC with evidence of this insurance before
work commences under that contract.
Note: Additional coverage may be required dependent upon the nature and scope of services provided and/or work performed.
Requests for exceptions to these requirements must be discussed with and approved by CMC Risk Management prior to
contract execution or work commencinF4.
Coveraee
Minimum Limit
Commercial General Liability (CGL) $1,000,000 Occurrence/$2,000,000 aggregate
$2,000,000 Products / Completed Operations aggregate
The City shall maintain commercial general liability coverage for itself and all additional insureds for the duration of the
event and/or use of CMC facilities, and maintain Completed Operations coverage required herein in full force
and effect until the expiration of any applicable statutes of limitations. For any organization operating or managingthe
infant care center, insurance policyshol/not exclude coverage for sexual abuse, molestation, and/or misconduct. Colorado
Mountain College, a Local College District and its affiliates shall be listed as an additional insured. The insurance shall
include a provision that such insurance afforded by the policy for the benefit of the additional insureds shall be
primary and non-contributory to any insurance or self-insurance maintained by the additional insureds. In addition,
a Waiver of Subrogation shall be issued in favor of CMC.
Automobile Liability
The City shall ensure automobile liability is in force as required by state law for all vehicles used in performing services or
operating under this agreement. Proof of coverage may be required upon request.
Workers' Compensation Statutory Limits ($100,000/$500,000/$100,000)
The City shall maintain the coverage required by the state for Workers' Compensation / Employer's Liability insurance. The policy
shall contain a Waiver of Subrogation in favor of CMC.
Additional Provisions
CMC requires insurance carriers be licensed to conduct business in the State of Colorado and a minimum A.M. Best
Rating of A-.
The City shall require their contractors, subcontractors, and/or infant care operators, if any, the same limits and
coverage required herein.
Each insurance policy shall state that CMC will receive thirty (30) days prior written notice of any cancellation, non -
renewal, or material alteration of the organization's insurance policies. Renewal certificates should be automatically sent to
CMC.
Certificate Holder: Colorado Mountain College, a Local College District
Risk Management Department
802 Grand Avenue
Glenwood Springs, CO 81601
Questions regarding CMC's Insurance Requirements should be directed to:
p,pedrick@coloradomtn.edu Phone: 970-947-8375
Revised 09/2021