HomeMy WebLinkAboutresolution.council.031-02 RESOLUTION NO. ~
Series of 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN PITKIN COUNTY AND THE CITY OF ASPEN REGARDING THE
OPERATIONS OF THE NEWLY SEPARATED BUT CO-LOCATED
COMMUNITY DEVELOPMENT DEPARTMENTS, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
WI4-EREAS, the Community Development Department has been a joint
deparanent of the City and County and has been operating under a previous IGA dated
May 9, 1994 as approved by Resolution No. 34, Series of 1994; and,
WHEREAS, the Community Development Department has been in a major "re-
engineering" process for over a year and has evaluated its internal operations and has
analyzed its functions from its customer's perspective; and,
WHEREAS, the management team that has been meeting weekly to determine
the best structure for re-engineering improvements and has determined that it is in both
the City and County's best interest that the department be separated, though continue to
be co-located; and
WHEREAS, the management team has been working diligently on an
intergovernmental agreement (IGA) that will allow for the clear and smooth transition to
independent departments which will take effect beginning May 6, 2002, and has agreed
to the terms and conditions of the attached IGA; and
WHEREAS, the proposed IGA is necessary for the promotion of the health,
safety, and welfare of the City of Aspen;
NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the
Intergovenunental Agreement, attached hereto as Exhibit A, regarding the operations of
the newly separated but co-located Community Development Departments of the City
and Pitkin County and authorizes the City Manager to execute the same on behalf of the
City.
FINALLY, adopted, passed and approved this 22nd day of April, 2002.
ASPEN CIsrY
Helen l~al~n l~derud, Mayor
ATTEST:
Kathryn KocF~ity Clerk
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITI(IN COUNTY, COLORADO. AUTHORIZING EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND PITKIN
COUNTY RELATED TO COOPERATION BETWEEN AND RECIPROCAL USE OF CITY AND
COUNTY BUILDING DIVISION STAFF
RESOLUTION No. (~/ -2002
Recitals
WHEREAS, the Governments are duly constituted governmental entities governed by Boards or
Councils elected by qualified electors of the County and City mentioned above, all of which are
located in Colorado; and
WHEREAS, the jurisdictions of the City of Aspen and Pitkin County provide personnel for
administs'ation, electrical, mechanical, plumbing, building inspections, and building permit plan
review. These services are required during personnel's vacation, illness, or excess work
demands; and
WHEREAS, the Board and Council of the respective Governments are authorized to execute
this Agreement on behalf of the Governments; and
WHEREAS, the Governments have determined it is in the best interests of the citizens of Pitkin
County and the City of Aspen to enter into this Agreement.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado, that it does hereby authorize the Chair to execute the attached
Intergovernmental Agreement (Exhibit A).
Resolution # -2002
Page 2
INTRODUCED, FIRST READ ON THE 24th DAY OF April, 2002.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON 26th DAy OF ~, 20022
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 8TH DAY
OF MAY, 2002.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN
TIMES ON THE __TH DAY OF ,2002.
ATTEST: BOARD OF COUNTY COMMISSIONERS
~ //~ OF PITKIN COUNTY, COLORADO
Cle)/D t~ BOCC / Chair
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
County...~I~-~y Community Development Director
Lancec/igareso.doc
INTERGOVERNMENTAL AGREEMENT BETWEEN
~~ BOA~ OP ~O~Y COMMISiO~ER~ O~i~iT~'~O~NTY
AND THE CITY COUNCIL OF THE CiTY Or ASPEN REGARDING THE
DISPOSITION OF THE BUILDING AND ADMINIST~TI~ SERvIcEs
DIVISIONS AND MUTUAL COVE~OE Sgg~e~S WI~ Tag~
COMMUNITY DEVELOPMENT DEPARTMENTS
PARTIES
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement'') is made this
8th day of May, 2002 by and between the BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY (hereinafter referred to as "c°unty")i Md the ciTY COUNCIL
OF THE CITY OF ASPEN (hereinafter referred to as "City").
WHEREAS, the City is authorized by article XX, Section 6 of the Colorado
Constitution and City and coUnty are each authorized by article XIV, Section 18 of the
Colorado Constitution, and Section 29-1-201, et seq.,, Colorado Revised Statutes to
contract with each other to enter into intergovernmental agreements for the purpose of
providing any service or performing any fUnction which they can perform individuallY;
and,
WHEREAS the Governments are duly constituted governmental entities governed
by Boards or Councils elected by qualified electors of the County and City mentioned
above, all of which are located in Colorado; and
WHEREAS the jurisdictions of the City of Aspen and Pitkin County provide
personnel for administration, electrical, mechanical, plumbing, building inSPections, and
building permit plan review. These services are required during personnel's vacation,
illness, or excess work demands; and
WHEREAS, the Board and Council of the respective Governments are authorized
to execute this Agreement on behalf of the Governments; and
WHEREAS, the parties hereto previously entered into an intergovernmental
agreement dated April 27, 1993, regarding the joint operations of their respective
Community Development Departments which the parties now desire to terminate, and
WHEREAS, the Governments have determined it is in the best interests of the
citizens of Pitkin County and the City of Aspen to enter into this Agreement.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
of the parties and other good and valuable consideration, the adequacy and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1
I. Termination of April 27, 1993, Intergovernmental Agreement.
The parties hereto terminate the prior Intergovernmental Agreement dated April
27, 1993, regarding the joint operations of their respective Community Development
Departments.
II. Purpose.
The purpose of this Intergovernmental Agreement is to continue to provide the
best customer service to the public of both the City and County Community Development
Departments. This Intergovernmental Agreement is designed and intended to:
· Improve the economic efficiency, staff productivity, and overall services
of the individual Community Development Departments of the City and
County.
· Facilitate clear communicatiun and efficient planning and building
functions among all staff assigned to the City and County Community
Development Departments.
· Foster uniform interpretation and implementation of laws, rules and
regulations of the City and County when appropriate and feasible.
· Facilitate long range planning.
· Establish clear guidelines for the sharing of certain employees and
resources of the individual Community Development Departments.
Although this Intergovernmental Agreement seeks to separate the previously
joined City and County Community Development Departments, the parties hereto intend
that the staff members of each Community Development Department shall continue to
cooperate with each other to implement policies and procedures that shall advance the
purposes set forth above.
IIl. Reciprocal use of City and County Community Development Department
Employees.
In order to continue to provide the best customer service possible by ensuring that
personnel from each Community Development Department may provide services to each
other jurisdiction's customers when feasible and reasonable, the parties hereto agree to
provide reciprocal coverage of certain employees as set forth below. The Governments
shall make requests for reciprocal coverage 48 hours in advance, when possible. The City
and County Chief Building Officials shall determine the method for request and
reconciliation of billing in accordance with the following guidelines:
A. Inspections: Upon request by the County and subject to availability of staff
time, the City may perform any inspection the County may need for $30 per type
(plumbing, drywall, framing, etc,) of inspection. Upon request by the City and
2
subject to availability, the County may perform any inspections for the City for $30
per type (plumbing, drywall, framing, etc.) of inspection. Multiple inspections can
occur in one visit, and the jurisdiction will be billed for each type of inspection.
1. The inspections shall be logged daily during the calendar year and
reconciled quarterly. For example, if the City performed 28 inspections for the
County and the County performed 20 inspections for the City, the County would
owe the City $240.00 (28 - 20=8 x $30=$240)
2. Overtime for Combination Inspectors shall be identified by the daily logs
and determined on a bi-weekly basis. If overtime is accrued due to the work done
for the other jurisdiction, then overtime shall be paid 50/50 by each jurisdiction.
If one jurisdiction is seeking work to be completed beyond the regular 80 hours
bi-weekly by a staff member from the other jurisdiction, then the jurisdiction that
is seeking the completion of this work will pay overtime at 100%.
3. The Electrical Inspector position shall be paid 50/50, including overtime,
by each jurisdiction. As a guideline, the inspector shall work 20 hours per week
for each jurisdiction. The inspections shall be comprehensive and not limited to
electrical inspections based on the needs of the Chief Building Officials. In order
to verify hours spent for each jurisdiction the inspector shall maintain daily logs.
If one jurisdiction is seeking work to be completed beyond the regular 80 hours
bi-weekly by a staff member from the other jurisdiction, then the jurisdiction that
is seeking the completion of this work will pay overtime at 100%.
4. The Cost associated with 1-3 above shall be tracked bi-weekly on
timesheets and reconciled between the City and the County on a quarterly basis at
the direction of the Chief Building Officers.
B. Plan Review: Upon request by the County and subject to availability of
staff time, the City may perform any plan review the County may need for $50 per
hour. Upon request by the City and subject to availability, the County may perform
any plan review for the City for $50 per hour.
1. The plan reviews shall be logged daily during the calendar year and the
difference settled quarterly. For example, if the City performed 28 hours of plan
review for the County and the County performed 20 hours of plan review for the
City, the County would owe the City $400.00 (28 - 20=8 x $50--$400).
2. The Cost associated with 1. above shall be tracked bi-weekly on
timesheets and reconciled between the City and the County on a quarterly basis at
the direction of the Chief Building Officials.
C. Administrative Assistants. Upon request by either the County or City
and subject to availability of staff time, the City and County administrative personnel
may perform typical tasks and functions as required offering mutual aid according to
workload.
1. The affected staff shall keep records for estimated time spent out of
jurisdiction. These records shall be reviewed bi-weekly on timesheets and
reconciled quarterly, if deemed necessary by the Community Development
Directors (hereinafter Directors).
2. It is agreed that the current Office Manager shall continue to provide
service to the county on a 50/50 basis until a new County Administrative
Assistant is hired. The current Office Manager shall also provide training to the
new County Administrative Assistant for a period not to exceed three months.
The Office Manager shall keep records for estimated time spent out of
jurisdiction. These records shall be reviewed bi-weekly on timesheets and
reconciled quarterly for county payment.
3. It is agreed that the temporary seasonal position that is a City position
shall continue to be jointly shared from May through October. Reconciliation
shall occur twice during these months, with time tracked on a bi-weekly basis on
timesheets.
D. Chief Building Officials: Upon rdquest by either the City or County and
subject to availability, the City and County Chief Building Officials may perform
typical tasks and functions as required offering mutual aid according to workload.
The Chief Building Officials shall keep records for estimated time spent out of
jurisdiction. These records shall be tracked bi-weekly on timesheets and reconciled
quarterly, if deemed necessary by the Directors.
1. The City Chief Building Official shall sign off on plans requiring
certification on behalf of the County Chief Building Official until such time as the
County Chief Building Official has his credentials to do so, but no longer than
one year from the signing of this agreement. In compensation for this, the City
Chief Building Official shall log his time for this County work and shall submit
these records to the County on a bi-weekly basis, to be paid $50 per hour, payable
to the City of Aspen.
2. The City and County Building Officials will cO-author Building Code and
Building Code-related adoptions and amendments. This is required to serve the
contractor and design community to help the plan review and field inspection
process to be as consistent between the City and County as possible. The City
and County shall strive to coordinate the timing of building code and building
code-related change adoptions so that the effective dates are as concurrent as
possible. ,
IV. City and County Cooperative Efforts.
It is the intent of the parties hereto to continue to create a working environment
for all personnel of the individual City and County Community Development
Departments which is conducive for harmonious, cohesive and unified team work
whenever practical for the provision of services to the public and other departments of the
City and County. Accordingly, the parties agree to continue to work cooperatively in the
provisions of services by the individual Community Development Departments and
specifically agree to cooperate and coordinate in the following areas of joint interest:
A. Joint Application and Interpretation of Regulations.
The City and County Building Division staff shall develop, as nearly as
practicable, identical Application and Interpretation Manuals to equalize plan review
and field inspection policy. It is further agreed that both jurisdictions will share any
library reference materials. The Chief Building Officials shall establish, with the
approval of the Directors, a method to handle the purchase and sales of code books
and the contractor licensing program. This method shall address the administration of
such program and sales and how revenues and expenses shall be shared and
reconciled.
B. Office Equipment.
Office equipment used in common, such as copiers, FAX machines, postage meters,
etc. shall be an asset of the purchasing jurisdiction. Maintenance shall be paid for by
the purchasing jurisdiction and usage fees shall be paid according to usage by the
non-owning jurisdiction through a coding or record-keeping system. Payment shall
be made within 30 days of agreeing to the statement. Payment shall be made
quarterly. Currently, the ownership is as follows:
· Fax machine-Pitkin County
· Xerox machine (large)-Pitkin County
· Xerox machine (small) -Pitkin County
· Postage meter-City of Aspen
· Plotter-shared
C. Phones.
Phones shall be the property of the City of Aspen, and the County shall be responsible
for monthly payment to the City for the usage of all county employee lines and a pro-
rata share of the fax l~ne based on usage as described in A. above.
D. Off-site Storage.
Upon agreement of a reasonable fee, payment for use of shared, off-site storage for
plans and records shall be assessed by cubic toot volume and paid accordingly to the
non-owning jurisdiction. Payment will be made quarterly.
E. Office Space.
The City agrees to provide office space to the County Community Development
Department on the 3rd floor of City Hall at a minimum, until October, 2003. It is
agreed that new positions shall be housed within each jurisdiction's portion of the
third floor.
F. Office hours.
The third floor of City Hall shall be open to the public during the hours of 8 AM to 5
PM Monday through Friday, except holidays. Each jurisdiction can set internal hours
of availability for services, but recognizes 8 AM to 5 PM Monday through Friday as
the hours the public can access the department by the front door and elevator.
G. Computers.
It is recognized and agreed that computers shall transfer with the employee during the
department transition. Due to remodeling and shifts in the third floor space, it is
agreed that furniture will Stay with each office, to the extent possible, until October
2003, or at such time that the CoUnty Community Development Dept. relocates, at
which time the City shall compensate the County for any furnishings the City wants
to retain on a pro-rata basis.
H. Vehicles.
The City agrees to lease from the county one vehicle for the shared Electrical
Inspector. The fee for leasing this vehicle will be the actual cost of operating this
vehicle (maintenance, gas, labor, parts, depreciation, etc.) split 50/50 and paid to the
County on a quarterly basis, pro-rated for partial year use. The County shall carry
insurance and name the City an additional insured as part of this agreement.
V. Workers' Compensation and Indemnification.
A. Workers' Compensation. The employer of the respective employees shall
provide workers' compensation coverage for their employees. For the purposes of
this Agreement, Pitkin County shall name the CitY Of Aspen as additional insured on
its general liability policy and the City shall name Pitkin County as additional insured
on their general liability policy.
B. Indemnification.
6
1. The City, within its legal ability to do so under the Constitution of the
State of Colorado and its home rule charter, agrees, to the full permitted by law, to
indemnify and save harmless the County, its officers and employees, fi-om all
suits, actions or claims of any character brought because of or arising out of any
injuries or damages received or sustained by any person, persons, or property on
account of the operations of the City; or on account of or in consequence of any
neglect by the City; or because of any act or omission, neglect, or misconduct of
any Community Development Department employee engaged in the perfom~ance
of his/her duties on behalf of the City or on behalf of the County in accordance
with this Agreement.
2. The County, within its legal ability to do so under the Constitution of the
State of Colorado and its home rule charter, agrees, to the full permitted by law, to
indemnify and save harmless the City, its officers and employees, from all suits,
actions or claims of any character brought because of or arising out of any injuries
or damages received or sustained by any person, persons, or property on account
of the operations of the County; or on account of or in consequence of any neglect
by the County; or because of any act or omission, neglect, or misconduct of any
Community Development Department employee engaged in the performance of
his/her duties on behalf of the County or on behalf of the City in accordance with
this Agreement.
3. Neither the City nor the County waive the defenses or limitations on
damages provided for and pursuant to the Colorado Governmental Immunity Act
(Sec. 24-10-101, et seq., C.R.S.), the Colorado constiiUti°n, thei~ respective home
rule charters or under the common law or the laws of the United States or State of
Colorado.
4. It is expressly aclmowledged and understood by the parties hereto that
nothing contained in this Agreement shall result in, or be construed as
establishing an employment relationship not intended by the express tenns of this
Agreement. Personnel identified as County employees shall be for all purposes
County employees. Persmmel identified as City employees shall be for all
purposes City employees. It is anticipated that City and County employees will be
assigned to work on projects or assignments for the both governmental entities in
accordance with this Agreement. Nothing contained in this Agreement shall be
construed to make such sharing arrangements as evidence of an
employee/employer relationship. No agent, employee, or servant of one party
shall be, or construed to be, the employee of the other party. Each party to this
Agreement shall be solely and entirely responsible for its acts and for the acts of
its employees during the performance of this Agreement.
VI. Re-evaluation: It is agreed that both jurisdictions shall re-evaluate the
terms of this agreement at the end of 2002 to evalUate Whether changes need to be made.
VII. Financial Reconciliation: It is agreed that the following elements shall be
reconciled at the end of the fiscal year by both City and County Finance Departments:
· Contractor licensing program
· Code book sales and purchase
· Leased Vehicle expense
· Overtime
VIII. Annual Renewal and Termination:
The term of this Intergovemmental Agreement shall commence when the physical
changes to the third floor of City hall are completed or August 1, 2002, whichever date
shall be the sooner, and terminate on December 31, 2003, and shall automatically be
renewed for successive one-year periods thereafter. Either party hereto may terminate
this Intergovernmental Agreement for any reason upon six (6) month's written notice.
IX. Modification of this Agreement
This Agreement may be modified by written amendment approved by the City Council
and Board of County Commissioners, acting separately.
X. Notices.
Any formal notice, demand or request provided for in this Intergovernmental Agreement
shall be in writing and shall be deemed properly given if deposited in the United States
Mail, postage prepaid to:
City of Aspen, Colorado
c/o City Manager
130 South Galena Street
Aspen, Colorado 81611
Board of County Commissioners of
Pitkin County, Colorado
c/o County Manager
506 East Main Street
Aspen, Colorado 81611
IN WITNESS WHEREOF, the parties heret° have executed this
Intergovernmental Agreement on the day and year first above written.
ATTEST: CITY COUNCIL OF ASPEN, COLORADO
,~,~.~iEST: BOARD OF COUNTY COMMISSIONERS OF
,/?///~'/ff~ ~/lz~ ~;~z~IT~ COUNTY, ~0~0~0
Chairm~ ~ - t t
~APPROVED A~ TO FOra:
JPW-05/i $/2002-G:\john\word\agr\lga-ComDev.d0c