HomeMy WebLinkAboutresolution.council.086-24RESOLUTION N0.086
(Series of 2024)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
ASPEN AND THE ASPEN FIRE PROTECTION DISTRICT REGARDING WILDFIRE
HAZARD ASSESSMENTS.
WHEREAS, there has been submitted to the City Council an intergovernmental
agreement (IGA) for to collaborate to assess the risk of wildfire on properties and to advise on
the removal of trees and vegetation for wildfire risk reduction , a true and accurate copy of which
is attached hereto as Exhibit "A",
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the intergovernmental
agreement for wildfire hazard assessment between the City of Aspen and the Aspen Fire
Protection District, a copy of which is annexed hereto and incorporated herein, and does hereby
authorize the City Manager and Mayor 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 13th day of August 2024.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabov
Nicole Henning, City�erk
1
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INTERGOVE(UMMTAL AGREEMENT
For Wildfire Hazard Assessment
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this
day of , 2024 by and between the City of Aspen, whose address is 427
Rio Grande Place, Aspen Colorado 81611 (the "City") and the Aspen Fire Protection
District, whose address is 420 East Hopkins Avenue, Aspen, Colorado 81611 ("AFPD"),
and jointly referred to herein as the "Parties".
RECITALS
The City and AFPD jointly recognize that wildfire poses a significant risk to the
community of Aspen, and
The Parties recognize that there are established best practices to help mitigate certain risk,
such as the strategic pruning or removal of trees and vegetation adjacent to structures,
and
The Parties recognize that working collaboratively to provide wildfire risk assessments,
will aid the community and reduce wildfire risk, and
AFPD possesses certain skills and qualifications to perform wildfire risk assessments,
and
The City has adopted ordinances, codified in the City of Aspen Municipal Code
("Code"), that govern the removal of trees within the City and promote preservation of
the urban forest, and
The Parties recognize the benefits of maintaining a healthy urban forest for the reduction
of urban heat and the storage of carbon, and
By adopting strategies for tree removal and replanting that will gradually shift the City's
urban forest to a more fire resilient composition, the City will be able to maintain
appropriate canopy cover while addressing the hazards of wildfire risk, and
The Parties intentions for this Agreement are to collaborate to assess the risk of wildfire
on properties, including residential properties, within the City, and utilize such
assessments to reduce wildfire risk within the City and inform the City and property
owners on appropriate risk mitigation efforts, including advising homeowners on possible
structural and material changes to a building, and assisting the City in evaluating tree and
vegetation removal to address wildfire risks, and
The Parties desire that this Agreement supersedes all prior agreements regarding Wildfire
Hazard Assessment Services.
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AGREEMENT
NOW, THEREFORE, for in consideration of the mutual promises and agreements of the
parties and other good and valuable consideration, the adequacy of which is hereby
acknowledged, the parties agree as follows:
l . AFPD shall, upon request of a homeowner, perform a home risk assessment that
identifies potential wildfire hazards.
2. AFPD shall advise homeowners that fuel reduction is one aspect of wildfire
reduction, and that upon completion of the assessment, other recommendations
such as home hardening, roof material selection, and exterior maintenance are
provided to the homeowner.
3. AFPD shall recommend to the City a preferred hazard map that shall aid in tree
removal decision -making, and AFPD shall present this to both parties for
consideration.
4. The City agrees to participate and contribute funding towards software and/or
other tools that assist AFPD in home wildfire risk assessments and mitigation.
The City shall provide up to $5,000 annually to AFPD to use to obtain and
manage said software, subject to annual appropriation.
5. The City shall use the results of the AFPD home assessment to inform possible
tree removals on a property for fire mitigation purposes, however the removal and
permitting of any tree on a property shall be at the sole discretion of the City, and
subject to the requirements of the Code.
6. Both parties shall work collaboratively for the identification and management of
evacuation routes and areas of refuge in the event of a wildfire.
7. Term.This agreement shall commence upon the date first written above and shall
be valid for one (1) year. The Agreement shall continue to renew automatically
for additional one (1) year terms, unless terminated by the other party.
8. Assignability. This agreement is not assignable by any party hereto.
9. 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.
10. 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.
11. 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.
12. 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 sixty (60) 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.
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13. 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: 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 Fire Protection District
Rick Balentine, Chief
420 E. Hopkins Ave.
Aspen, CO 81611
rick.balentine@aspenfire.com
14. 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. 2440401, et seq., as from
time to time amended or otherwise available to the parties or any of their officers,
agents, or employees.
15. 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.
16. 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.
17. 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.
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18. 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.
19. 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.
20. 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 Aspen City Council at its regular meeting
held on the day of 2024.
The foregoing Agreement is approved
at its regular meeting held on the
by the Board of the Aspen Fire Protection District
day of
2024.
In witness whereof the parties hereto have caused this agreement to be executed as of the
day and year first written.
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ATTEST
Doeuilyn�d by:
B I ckoo hVAA iVI
Y' 2895ADCD26A7d6D
City of Aspen Clerk
AS TO FORM
Qu.Sfiw �USS
ASPEN CITY COUNCIL
—O/ocuSiyned by:
By:
Torre, Mayor
Date:8/22/2024 � 9:38:02 AM PDT
M�N�GFR APPROVAL
� ocuS pne y:
Sara G. D
LUH UL 14t 1;
Austin Weiss, Parks and Sara tt, i
Rec�r,�4114n Director
Jim True, City of Aspen Attorney
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ATTEST
By:
FIRE CHIEF APPROVAL
Rick Balentine, Fire Chief
Date:
ASPEN FIRE PROTECTION DISTRICT
in
Date:
Ward, Board President