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HomeMy WebLinkAboutagenda.council.worksession.20240909AGENDA CITY COUNCIL WORK SESSION September 9, 2024 4:00 PM, City Council Chambers 427 Rio Grande Place, Aspen I.Work Session I.A Community Office for Resource Efficiency (CORE) – Organizational and Governance Update I.B Aspen Golf Club Business Plan Discussion I.C Council Board Reports - APCHA discussion led by Hauenstein and Doyle Zoom Meeting Instructions Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://us06web.zoom.us/j/81830136241? pwd=AbyPrQEb0InYqtvUS9JBI7wb89EIqW.1 Passcode: 81611 Or join by phone: Dial: US: +1 346 248 7799 Webinar ID: 818 3013 6241 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kdJkp6eCHe CORE Governance Memo - September 9 2024_.docx Attachment A - CORE memo.pdf Attachment B - 1995 Interorganizational Agreement.pdf Final_Golf_Business_Plan_Memo_Final.docx 1 1 MEMORANDUM TO:Aspen City Council FROM:Tessa Schreiner, Sustainability Manager THROUGH:CJ Oliver, Director of Environmental Health and Sustainability Ben Anderson, Director of Community Development MEMO DATE:September 2, 2024 MEETING DATE:September 9, 2024 RE:Community Office for Resource Efficiency (CORE) – Organizational and Governance Update REQUEST OF COUNCIL: This is a work session presentation by the Community Office of Resource Efficiency (CORE) (Attachment A). CORE seeks to operate as an independent non-profit organization and, to that end, requests that City Council agree to: Terminate the 1995 Interorganizational Agreement (IOA) that established the Community Office for Resource Stewardship that provided for the participation of the City and other local organization in the governance of CORE. If Council agrees it is in the best interests of the City for CORE to operate as an independent non- profit, staff recommends that Council provide staff direction to prepare a resolution granting CORE’s request. SUMMARY AND BACKGROUND: The City of Aspen is a founding member of the Community Office of Resource Efficiency, a nonprofit organization whose mission is to lead the Roaring Fork Valley to a carbon- free, net-zero energy future. In February 1995, the City of Aspen, Pitkin County, the Town of Snowmass Village, Holy Cross Electric, Rocky Mountain Natural Gas, and the Energy 2000 Committee signed an interorganizational agreement (IOA) (Attachment B) founding the Community Office of Resource Efficiency. Through the establishment of the IOA, the founding partners intended to create a consortium of public and private entities investing in and promoting energy and water efficiency. Since the establishment of the IOA, the City of Aspen has maintained a close partnership with CORE through funding and program support to achieve the organizations’ collective goal of reducing greenhouse gas emissions. To staff’s knowledge, this agreement has not been amended, updated, or terminated by any of the signing parties since 1995. Due to upcoming shifts in CORE’s governance structure, CORE is requesting that the City of Aspen terminate the IOA, particularly because under the IOA each of the founding organizations was allotted a seat on the Board of Trustees of CORE and had voting rights in questions related to its governance and operations. If terminated, CORE would 2 2 continue as a nonprofit, delivering the same services to the Aspen community, but its governance would not be tied by the interorganizational agreement to the founding members. FINANCIAL IMPACTS: There are no fiscal impacts associated with the termination of the interorganizational agreement. If Council wishes to move forward with terminating the IOA at CORE’s request, funding for CORE through REMP funds would be brought to Council as part of the 2025 budget development process, as it has historically, and each year thereafter. REMP was adopted in 1999 as part of the Aspen/Pitkin County building and energy code and went into effect in 2000. CORE was the original designated recipient of REMP funds for deployment into the community through grants and rebates for building efficiency and electrification projects. While both Pitkin County and the City of Aspen have updated their building codes since 2000 which removed the language specifying CORE as the sole recipient or administrator of REMP funds, the City and County have continued to fund CORE’s programs using REMP funds through the annual budget process. ENVIRONMENTAL IMPACTS: The City of Aspen has set science-based targets for reducing the community’s greenhouse gas emissions: 63% by 2030 and 100% by 2050. CORE’s programming is focused on energy efficiency and electrification, the two key actions to reduce greenhouse gas emissions in buildings. Buildings account for 57% of the community’s emissions, thus CORE’s work to decarbonize the built environment is vital to reaching Council’s carbon goals. Terminating the interorganizational agreement would not in and of itself change CORE’s work in the Aspen community. ATTACHMENTS: Attachment A – Community Office for Resource Efficiency - memo Attachment B – 1995 Interorganizational Agreement (IOA) CITY MANAGER COMMENTS: 3 Memo To:Aspen City Council From:John Dougherty,CEO –Community Office for Resource Efficiency Date:September 1,2024 Re:Organizational Update &Request to Terminate the 1995 Inter-Organizational Agreement Background The Community Office for Resource Efficiency (CORE)has been advancing efforts to reduce our region’s impact on climate change for 30 years.CORE was founded in 1995 under an Interorganizational Agreement (IOA)between the City of Aspen,Pitkin County,The Town of Snowmass Village,Holy Cross Electric Association,Rocky Mountain Natural Gas and the Energy 2000 Committee.CORE was established as a Colorado Nonprofit Corporation to work cooperatively with businesses,individuals,governmental entities and utilities to create measurable improvements in energy and water efficiency in order to benefit the environment and develop a more sustainable economy.Throughout CORE’s history,funding has primarily been provided by contributions from local governments. Accomplishments Over the past 30 years,CORE has facilitated thousands of energy efficiency,electrification and environmental projects by leveraging over $20 Million dollars in local investment.Much of the funding for CORE was the result of City of Aspen and Pitkin County’s implementation of the Renewable Energy Mitigation Program (REMP),the first mitigation program of its kind, implemented in 1999.From pioneering one of the nation’s first solar rebate programs in 1999, to supporting installation of the world’s highest elevation heat pump in 2021,CORE has been at the forefront of innovative solutions to the climate crisis over the years. Governance Shift Today,CORE is entering a new phase of expansion,acceleration,and diversification.CORE is faced with growing demand for solutions and resources to support the decarbonization of the built environment throughout Pitkin,Eagle and Garfield Counties communities.In order to meet the challenge,CORE must increase our financial resources and enhance our board leadership. Since 2023 CORE has been undergoing a significant evolution in our funding efforts,including launching a fee-for-services program and a philanthropic fundraising department to diversify our funding. In addition to diversifying funds,the CORE board has committed to restructuring the governance of the organization,converting formerly appointed seats from local governments 4 and utilities to be filled by regional citizens,making CORE an independently operating nonprofit. Termination of the IOA will support this shift in governance by removing the legal requirement that local government officials serve on the CORE board.All parties to the IOA have agreed to termination of the agreement.The governance evolution will be completed at the end of 2024 with all board seats to be filled by volunteer representatives in 2025.Of note,once the shift is complete,CORE intends to function in much the same manner as it always has.CORE will continue to request funding from local governments,including City of Aspen’s REMP fund,to serve the community with climate solutions,implement long-standing and innovative programming for buildings,and work to reduce the valley ’s,and Aspen’s,greenhouse gas emissions. Ask of Aspen City Council CORE is pleased to share the accomplishments thus far in 2024 with Aspen City Council.CORE seeks direction from Aspen City Council as to the termination of the Interorganizational Agreement of 1995 to allow for the full transition of board leadership and for CORE to function as an independent nonprofit. 5 • • • INTERORGANIZATIONAL AGREEMENT BETWEEN THE CITY OF ASPEN, PITKIN COUNTY, THE TOWN OF SNOWMASS VILLAGE, HOLY CROSS ELECTRIC ASSOCIATION, ROCKY MOUNTAIN NATURAL GAS, DIVISION OF KN ENERGY, INC., AND THE ENERGY 2000 COMMITTEE: FOR THE ESTABLISHMENT AND OPERATION OF THE COMMUNITY OFFICE FOR RESOURCE EFFICIENCY 11 THIS INTERORGANIZA~ AGREEMENT ("Agreement"), is made and entered into as of this .l2..-day of ~~' 1995 by and among the CITY OF . ASPEN, the TOWN OF SNOWMASS VILL GE, the BOARD OF COUNTY COMMISS lONERS FOR THE COUNTY OF PITKIN, (collectively referred to as "Governmental Entities"), HOLY CROSS ELECTRIC ASSOCIATION, ROCKY MOUNTAIN GAS, DIVISION OF KN ENERGY, INC., (collectively referred to as "Utility Companies"), and the ENERGY 2000 COMMITTEE. . WITNESSEI'H: WHEREAS, the Governmental Entities have the authority pursuant to Article XIV, Section 18, of the Colorado Constitution and Section 29-1-201, et seq., of the Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually; and . WHEREAS, the parties desire to establish and operate a Community Energy Efficiency Office as herein further described; and . WHEREAS, the Utility Companies desire to cooperate and participate in the establishment, funding and operation of the Energy Office. 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. PURPOSE. This Interorganizational Agreement is designed and intended to establish a Community Office for Resource Efficiency ("Energy Officelt ) through the active participation of a consortium of public and private entities invested in and committed to promoting energy and water efficiency. The Energy Office shall be created as a Colorado Nonprofit Corporation. The purpose of the Energy Office shall be to work cooperatively with businesses, individu­ als, governmental entities and utilities to create measurable improvements in energy and 6 • water efficiency in order to benefit the environment and develop a more sustainable econo­ my. II. TERM OF AGREEMENT. The term of this Intergovernmental Agreement shall be from the date that all parties execute the same through December 31, 1994, and shall automatically be renewed for successive one-year periods thereafter upon the approval of the annual budget for such yeat by all of the Governmental Entities. Any party may terminate this Interorganizational . Agreement for any reason upon ninety (90) days' written notice. Notwithstanding any other provision to the contrary, to the extent required by Article X, Section 20 of the Colorado • Constitution, all provisions to this Interorganizational Agreement shall be subject to annual renewal and appropriations by the Governmental Entities. m. BOARD OF TRUSTEES. 1. Number; Manner of Aupointment. etc. The Board shall initially consist of six (6) Trustees (the "Trustees"), serving staggered terms to be appointed by each party to this agreement. • The term of office of the members of the Board shall be two (2) years, except as provided herein with respect to the initial Board members. The initial Board of Trustees shall be appointed as follows: SpQnsoring/iij)pointing PartY Initial Term Termination Date City of Aspen 12/31/96 County of Pitkin 12/31/96 TQwn Qf SnQwmass Village 12/31/96 HQ1y Cross Electric Assn. 12/31/95 RQcky Mtn. Natural Gas 12/31/95 Energy 2000 CQmmittee 12/31/94 The number Qf Trustees on the Board mary vary if, in the future, Qne Qr more of the fQunding QrganizatiQns decides to withdraw from this agreement Qr if new organizatiQns join. At all times, however, the Board of Trustees shall have at least fQur, and no mQre than niUe, members. New sponsoring parties shall be elected to the Board by twQ-thirds majority VQte. 2. Voting Requirements. (a) Quorum. The powers of the Energy Office shall be vested in the Trustees Qf • the Board in office from time to time. FQur Trustees Qf the Board shall constitute a quorum fQr the purpose Qf conduc~business and exercising powers and fQr all Qther purposes, but a smaller number may adjQUlDfrom time to time until a quorum is Qbtained. When a 2 7 • quorum is in attendance, action may be taken by the Board upon a majority vote of the Trustees present. (b) Manner of Votin~. The voting on all matters coming before the Board shali be by roll call, and the votes shall be entered upon the minutes of such meeting by name, . .except on the election of officers which may be by ballot. . (c) voting Qualification. Only Trustees whose sponsoring organization has paid in full their annual funding contribution as set forth herein shall be eligible to vote. The Trustee representing the Energy 2000 Committee shall be eligible to vote regardless of funding contributions. 3. Officers. The offiCers of the Board of Trustees shall be a Chairperson, a Vice Chairperson, a Secretary/Director of the Energy Office, and a Treasurer. (a) Chaimerson. The Chairperson shall preside at all meeting of the Board of Trustees. At each meeting, the Chairperson shall submit such recommendations and information as slhe considers proper concerning the business, affairs and policies of the Energy Office. • (b) Vice-Chairperson. The Vice-Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson; and in case of the resignation of the Chairperson or death of the Chairperson, the Vice-Chairperson shall perform such duties as are imposed on the Chairperson until such time as the Trustees shall select a new Chairperson. (c) Secretary/Director of the Energy Office. The Secretary shall be the Director of the Energy Office and, as such, shall be the chief administrative officer of the Energy Office and shall have general supervision over the administration of the Energy Office's business and affairs, subject to the direction of the Board of Trustees. The Secretary shall be charged with the management of the Energy Office. The Secretary shall keep the records I of the Energy Office, shall act as secretary of the meetings of the Board and record all votes~ and shall keep a record of proceedings of the Energy Office in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to his/her office. . The Secretary shall have the care and custody of all funds of the Energy Office and shall deposit the same in the name of the Energy Office in such bank or banks as the Trustees may select. The Secretary shall sign all orders and checks for the payment of money and shall payout and disburse such moneys under the direction of the Trustees. (d) Treasurer. The Treasurer shall be responsible for receiving and reviewing the • Office's monthly checking statements. The Treasurer shall also have the duty and responsi­ bility of performing other financial reviews as he or she deems appropriate to ensure that the . fiscal affairs of the Office are managed in a safe, prudent, responsible, and conservative fashion. The Treasurer shall be responsible for co-signing Office checks over an established 3 8 • limit, and of co-signing transfer of funds between the Office's savings and checking accounts. (e) Election or Anpointment. The Chairperson, Viee-Chairperson, and Treasurer shall be elected from among the Trustees of the Board, and shall hold office for one year or until their successors are elected and qualified. . The Secretary shall be appointed by the Board. Any person appointed to fill the office of Secretary or any vacancy therein, shall have such terms as the Board fixes, but no Trustee of the Board shall be eligible to this office except as a temporary appointee. . (f) Additional Personnel. The Board may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by this Intergovernmental Agreement and all other laws of the State of Colorado applicable there. (g) Vacancies. Should the OffLce of Chairperson, Vice-Chairperson become vacant, the Board shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. When the office of Secretary becomes vacant, the Board shall appoint a successor, as aforesaid. 4. Duties. • The Board of Trustees shall perform the duties and functions as prescribed herein and such other duties and functions as may from time to time be required by the Board of Trustees to achieve the purposes of the Energy Office and to implement any Community . Energy Action Plan which it may adopt in the future. The Trustees shall exercise, on behalf of the Energy Office, all of the rights and powers which may be lawfully exercised by a • Colorado Nonprofit Corporation formed and existing under the laws of the State of Colorado. Those powers shall include, but shall not be limited to the following: (a) To prepare an annual budget for the Energy Office which will identify revenues and expenditures required to accomplish the goals and objectives of the Energy Office as set forth herein; (b) To maintain records of all Energy Office Board of Trustees meetings, resolutions and planning documents and make them available for public review; (c) To appoint a Secretary/Director to serve as the Secretary to the Board of Trustees as specified hereinabove and the Chief Administrative Officer of the Energy Office; (d) To do all things necessary and convenient to develop, adopt and thereafter . implement a "Community Energy Action Plan"; • (e) To employ agents and employees; 4 9 • (f) To cooperate with state and federal governmental agencies in all respects concerning energy conservation and officiency; (g) To purchase, acquire, obtain options, hold lease, sell, or otherwise dispose of any real or personal property deemed necessary for the convenience of the Energy Office; (h) To sue and be sued in its own name; (i) To adopt, by resolution, regulations respecting the exercise of its powers arid carrying out its purposes; G) To exercise any other powers which are essential to the provision of functions, services, or facilities by the Energy Office; and (Ie) To do and perform any acts and things authorized by this Interorganizational Agreement under, through, or by means of an agent or by contracts with any person, firm, or corporation. . (1) To indemnify the Trustees and such other persons or entities as the Trustees deem proper in the furtherance of the lawful purpose of the Energy Office, and to obtain policies of insurance for the purpose of providing funds for the payment of any such obligations of indemnification. • (m) To cause the Energy Office to be incorporated as a Colorado Nonprofit Corpora­ tion and to perform all acts necessary or appropriate in furtherance of such incorporation,. including the adoption of Articles of Incorporation and Bylaws for the corporation consistent with the terms of this Agreement. (n) To apply for exemption from federal income tax pursuant to the requirement of U.S. Internal Revenue Code. IV. BONDS, NOTES AND ornER OBLIGATIONS. (a) The bonds, notes, and other obligations of the Energy Office shall not be the debts, liabilities, or obligations of the parties hereto unless expressly assumed by the parties. (b) The Governmental Agencies may pay the Energy Office in addition to their funding obligations for services rendered or facilities provided by the Energy Office. In addition, the Governmental Agencies may advance monies to the Energy Office for any purpose subject to repayment of such funds by the nergy Office. • 5 10 • V. FUNDING OBLIGATIONS. Subject to the terms and conditions as herein stated, the parties agree to fund the Energy Office through 1995 as follows: Party 1994 1995 TOTAL City of Aspen $15,000 $ 4,500 $19,500 County of Pitkin 10,000 10,000 20,000 Town of Snowmass Village 10,000 o 10,000 Holy Cross 20,000 o 20,000 Rocky Mm. Natural Gas 5,000 5,000 10,000 VI. BUDGET AND FINANCIAL REPORTS. The Energy Office shall annually prepare a budget. In addition, the Energy Office shall prepare monthly financial reports including a balance sheet, and income and expense accounting report to include actual monthly figures, year to date figures and comparisons to budget figures. With respect to all accounting, reporting, auditing and operational proce-. dures, the Energy Office shall follow the provisions and guidelines of the Colorado Local· Government Uniform Accounting Law and Colorado Local Government Audit Law. VII. DISPOSITION OF ASSETS UPON TERMINATION. • Upon the dissolution of the corporation, the Board of Trustees shall, after paying or making provision for the payment of all liabilities of the corporation, dispose of all of the assets of the corporation exclusively for the purposes of the corporation in such manner, or to sub organization or organizations organized and operated exclusively for charitable, educa­ tional, religious, or scientific purposes as shall at all time qualify as an exempt organization or organizations under section 501(c)(3) of the Internal Revenue Code of 1954 (or the corre­ sponding provision 'of any future United States Internal Revenu Law), as the Board of . Trustees shall determine. Any such assets not so disposed of shall be disposed of by the District Court of Pitkin County, Colorado, exclusively for such purposes or to such organiza­ tion or organizations, as said Court shall determine, which are organized and operated . exclusively for such purposes. VITI.MODIFICATION OF THIS INTERORGANJZATIONAL AGREEMENT. This Interorganizational Agreement may be modified by written amendment approved by all parties, acting separately and in accordance with their respective procedural require­ ments. • 6 11 • IX. NOTICES. Any formal notice, demand or request provide for in this Intergovernmental Agree­ ment shall be in writing and shall be deemed properly given if deposited in the United States Mail, postage prepaid to: . City of Aspen c/o City Manager 130 South Galena St. Aspen, Colorado 81611 Board of County Commissioners of Pitkin County, Colorado clo County Manager 506 Bast Main Street Aspen, Colorado 81611 Town of Snowmass Village C/O Town Manager • Holy Cross Electric Association Rocky Mtn. Natural Gas, Division of KN Energy, Inc. Energy 2000 Committee x. PERSONNEL It is expressly aclmowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship not intended by the express terms of this agreement. The SecretarylDirector of the Energy • Office and all other staff members employed by the Energy Office or the Board of Trustees of the Energy Office shall be for all purposes employees of the Energy Office. It is anticipated that Energy Office employees may be assigned to work on projects and activities for one or more of the Govemm~ta1 Entities and may be required to repoit to personnel . 7 12 • employed by those entities. Nothing contained in this agreement shall be construed to make such sharing arrangements evidence of an employee/employer relationship other than the ones specifically set forth herein. No agent, employee, or servant of one party shall be, or shall be deemed to be, the employee, agent or servant of the other party. Each party to dUs agreement shall be solely and entirely responsible for its acts and for the acts of its agents~ employees, servants and subcontractors during the performance of this agreement. XI. INDEMNIFICATION AND INSURANCE. The Energy Office shall indemnify all of the entities participating in this Interorgani­ zational Agreement and the Trustees of the Energy Office against all claims of any sort arising out any acts of the Energy Office and its officers, employees and agents. The Energy Office shall, at all times, obtain and keep in force policies of Comprehensive General Liability Insurance and Directors & Officers Liability Insurance, having minimum policy . amounts of $300,000 per occurrence, which policies shall include coverage for the obliga­ tions of indemnification set forth in this paragraph. A Fidelity Bond shall be maintained by the corporation in a sufficient amount to cover the duties of the Secretary/Director with regard to handling the funds of the corporation. • None of the Governmental Entities waive the defenses or limitations on damages provided for and pursuant to the Colorado Governmental Immunity Act (Sec. 24-10-1-1 et seq. C.R.S.), the Colorado Constitution, their home rule charters or under the common law or the laws of the United States or the State of Colorado. IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agree­ ment on the day and year stated hereinbelow. CITY OF ASPEN, COLORADO By: ATTEST: ~ Approved as to Form: • 8 13 • BOARD OF COUNTY COMMISsioNERS FOR THE COUNTY OF PITKIN By:~2J:~ TOWN OF SNOWMASS VILLAGE, COLORADO· - ...---t> 3 e. e-. fc so\ v.'-\l C> h By: _ AlTEST: r-J 0,\ L\...-5 -:f On • f ro C <:: <:: J..,;'\J ?0\-)G S ' Approved as to Form: Town Attorney HOLY CROSS ELECTRIC ASSOCIATION By: _ Approved as to Form: • 9 14 RESOLUTION NO. 94-57 • SERIES OF 1994' INTERORGAl\TJZATIONAL AGREEMENT BETWEEN TIm CITY OF ASPEN, PITKIN COUNTY, THE TOWN OF SNOWMASS VII;,LAGE, HOLY CROSS ELECTRIC ASSOCIATION, ROCKY MOUNTAIN NATURAL GAS, DIVISION OF KN ENERGY, INC., AND THE ENERGY 2000 COMMITTEE FOR THE ESTABLISHMENT AND OPERATION OF THE COMMUNITY OFFICE FOR RESOURCE EFFICIENCY THIS INTERORGANIZATIONAL AGREEMENT ("Agreement") is made and entered into as of this ~ day of De~ ,1994, by and among the CITY OF ASPEN, THE TOWN OF SNOWMASS VILLAGE, the BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF PITKIN, (collectively referred to as "Governmental Entities"), HOLY CROSS. ELECTRIC ASSOCIATION, ROCKY MOUNTAIN GAS, DIVISION OF KN ENERGY, me., (collbctively referred to as "Utility Companies"), and the ENERGY 2000 COMMITIEE. WITNESSETH: . WHEREAS, the Governmental Entities have the authori~ pursuant to Atti.cle XIV"Section. 18, of the Colorado Constitution and Section 29-1-201, et seq., of the Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or pe.rforniing any function which they can perform individually; and • WHEREAS, the parties desire to establish and operate a Community Energy Efficiency Office, as herein further described; and WHEREAS, the Utility Companies' desire to cooperate and participate in the establishment funding and operation of the Energy Office. NOW, THEREFORE, for and in consideration of the mutual covenants and tgreements of the parties, and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Purpose The Interorganizational Agreement is designed and intended to establish a Community Office for Resource Efficiency ("Energy Office") through the activ.;; participation of a . consortium of public and private entities invested in and committed to promoting .:;nergy and water .efficiency.· The Energy Office shall be to work cooperatively with bush";.,esses, individuals, govermnental entities and, utilities to create measurable improvements in energy aac water efficiency in order to benefit the environment and develop a more sustainable economy. 2. Terms ·of Agreement ' The term of this Intergovernmental Agreement shall be froni' the date that all parties execute the same through December 31, 1994, and shall autom':iti.cally be renewed for successive one-year periods thereafter upon the approval of the annual budget f)! such year by all of the Govemmental Entities. Any party may terminate this Interorganizational Agreement.for any reason upon ninety (90) days' written notice. Notwithstanding any other provision to the ci:>ntrary, to the extent required by Article X, Section 20 of the Colorado Constitution, all provisions to this Interorganizational Agreement shall be subject to annual renewal and appropriations: by the Governmental Entities . • 3. Board of Trustees a. Number: Manner of Ap,pointment. etc. The Board shall initially consist of six (6) - 1 ­ 15 • Trustees (the "Trustees"), serving staggered terms to be appointed by each party to this agreement. The term of office of the members of the Board shall be two (2) years, except as provided herein with respect tot the initial Board members. The initial Board of Trustees shall be appointed as follows: Sponsoring/appointing partX Initial Term Termination Date City of Aspen 12/31196 County of Pitkin 12/31/96 Town of Snowmass Village 12/31/96 Holy Cross Electric Association 12/31/95 Rocky Mountain Natural Gas 12/31/95 Energy 2000 Committee 12/31/94 The number :Jf Trustees on the Board may vary if, in the future, one or more of the founding organizations decides to withdraw from this agreement or new organizations join. At all times, however, the Board of Trustees shall have at least four, and no more than nine, members. New Trustees shall be elected to the Board by two-thirds majority vote. . . b. Votin"g Requirements • i) Quorum: The powers of the Energy Office shall be vested in the Trustees of the Board in office from time to time. Four Trustees of the Board shall constitute a quorum for the purpose of conducting business and exercising powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Board upon a majority of the Trustees present. ii) Manner of Voting: The voting on all matters coming before the Board shall be by roll call, and the votes shall be entered upon the minutes of such meeting by name; except on the election of officers, which may be by ballot. iii) Voting Qualification: Only Trustees whose sponsoring organization has paid in full their annual funding contribution, as set forth herein, shall be eligible to vote. The :Trustee representing the Energy 2000 Committee shall be eligible to vote. c. Officers: The officers of the Board of Trustees shall be a Chairperson,. a Vice Chairperson, a Secretary/Director of the Energy Office, and a Treasurer. i) Chairperson: The Chairperson shall preside at all meetings of the Board of Trustees. At each meeting, the Chairperson shall submit such recommendations and information as s/he considers proper concerning the business affairs and policies of the Energy Office. . ii) Vice-Chairperson: Th~ Vice-Chairperson shall perform the duties. of the Chairperson in the absence or incapacity of the Chairperson; and in case of the resignation of the Chairperson or death of the Chairperson, the Vice-Chairperson shall perform such duties as are imposed on the Chairperson until such time as the Trustees shall select a new Chairperson. • iii) Secretary/Director of the Energy Office: The Secretary shall be the Director of the Energy Office and, as such, shall be the chief administrative officer of the Energy Office and shall • have general supervision over the administration of the Energy Office's business and affairs, subject to the direction of the Board of Trustees. The Secretary shall be charged with the management of the Energy Office. The Secretary shall keep the ·records of the Energy Office, shall act as secretary of - 2 ­ 16 the meetings of the Board and record all votes, and shall keep a record of proceedings of the Energy • Office in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to his/her office. The Secretary shall have the care and custody of all funds of the Energy Office and shall deposit the same in the name of the Energy OffiCe in such bank or banks as the Trustees may select. The Secretary shall sign all orders and checks for the payment of money and shall pay 'out and disburse such moneys under the direction of the Trustees. iv. Treasurer: The Treasurer shall be responsible for receiving and reviewing th.~ Office's monthly checking statements. The Treasurer shall also have the duty and responsibility of performing other financial reviews as he/she deems appropriate to ensure that the fiscal affairs of the Office are managed in a safe, prudent, responsible, and conservative fashion. The Treasurer shall he responsible for co-signing office checks over an established limit, and of co-signing transfer of funds between the office's savings and checking accounts. v. Election or Appointment: The Chairperson and Vice-Chairperson shall be elede"l from among the Trustees of the Board, and shall hold office for one year or until their successors are. elected and qualified. The Secretary shall be appointed by the Board. Any person appointed to fill the office of Secretary or any vacancy therein, shall have such terms as the Board fixes, but no Trustee of the Board shall be eligible to this office except as a temporary appointee. • vi. Additional Personnel: The Board may from time to time employee such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by this Intergovernmental Agreement and all other laws of the State of Colorado applicable there. vii. Vacancies: Should the office of Chairperson: Vice-Chairperson become va·::.ant, the Board shall elect a successor from its membership at the I')f;~xt regular meeting, and such ele~tion shall be for the unexpired term of said office. When the office of Secretary becomes vacant, the Board shall appoint a successor, as aforesaid. . d. Duties The Board of Trustees shall perform the duties and functions as rescribe<l herein and such other duties and functions as may from time to time be required by the Board of Trustees to schieve the purposes of the Energy Office and to implelment any Community Energy Action Plan which it may adopt in the future. The Trustees spall exercise, on behalf of the Energy Office, all of .", r' the rights and powers which may be lawfully exercised bya Colorado Non-profit Cor~JOration,fonned and existing under the laws of the State of Colorado. Those powers shall include, but 6'~1all not be limitedd to the following: 1. To prepare an annual budget for the Energy Office which will i.J~niify revenues and expenditures required to accomplish the goals and objectives of the Energy Office, as set forth herein; . ii. To maintain records of all Energy Office Board of Trustees meetings, resplutions and planning documents and make them available for public review; . • Ill. To appoint a SecretarylDirector to serve as the Secretary to the Board of Trustees, as specified hereinabove and the Chief Administrative Officer of the Energy Offici~; iv. To do all things necessary and convenient to develop, adopt and thereafter implement a II Community Energy Action Plan"; - 3 ­ 17 v. To employ agents and employees; • vi. To cooperate with state and federal governmental agencies in all ;respects concerning energy conservation and efficiency; vii. To purchase, acquire, obtain options, hold lease, sell, or otherwise dispose of any real or personal property deemed necessary for the convenience of the Energy Office; . viii. To sue and be sued in its own name; ix. To adopt, by resolution, regulations respecting the exercise of its powers and carrying out its purposes; x. To exercise any other powers which are essential to the provision of functions, services, or facilities by the Energy Office; and xi. To do and perform any acts and things authorized by this Interorganizational Agreement under, through, or by means of an agent or by contracts with any person, firm, or corporation; xii. To indemnify the Trustees and such other persons or entities as the Trustees deem proper in the furtherance of the lawful purpbse of the Energy Office, and to obtain· poiicies of· insurance for the purpose of providing funds for the payment of any such obligations of indemni­ fication. • Xlll. To cause the Energy Office to be incorporated as a Colorado Non-profit Corporation and to perform all acts necessary or appropriate in furtherance of such incorporation, including the adoption of Articles of Incorporation and By-laws for the corporation consistent With the terms of this Agreement. ' xiv. To apply for exemption from federal income tax pursuant to the requirement of U.S. Internal Revenue Code. 4. Bonds. Notes and Other Obligations a) The bonds, notes, and other obligations of the Energy Office shall not be th¢ debts, liabilities, or obligations of the parties hereto unless expressly assumed by the parties. b) The Governmental Agencies may provide for payment tot he Energy Office of ~ds from .. proprietary revenues for services rendered or facilities provided by the Energy Office, from' .. ',,: proprietary revenues or other public funds as advances for any pUIpOse subject to the repayment of the Energy Office. .. . 5. Funding Obligations. Subject to the terms and conditions as herein stated, the parties agree to fund the Energy (jffice through 1995 as follows: fam .l221 ~ TOTAL City of Aspen $ 15,000 $4,500 $ 19,560 County of Pitkin 10,000 10,000 20,0Q0 Town of Snowmass Village 10,000 10,000 Holy Cross 20,000 20,oqD • Rock)' Mountain Natural Gas 5,000 5,000 10,000 6. Budget and Financial Reports. The Energy Office shall annually prepare a budget. In addition, the Energy Office shall prepare monthly financial reports including a balance sheet, and - 4 ­ 18 income and expense accounting report to include actual monthly figures, year-to-date figures and • comparisons to budget figures. With respect to all accounting, reporting, auditing and operational procedures, the Energy Office shall follow the provisions and guidelines of the Colorado Local Government Uniform Accounting Law and Colorado Local Government Audit Law. 7. Disposition of Assets upon Termination. Upon the dissolution of the corporation, the Board of Trustees shall, after paying or making provision for the payment of all liabilities of the corpor<.',tion, dispose of all of the assets of the corporation exclusively for the purposes of the corporation in such manner, or to such organization or organizations organized and operated exclusively for charitable, educational, religious, or scientific purposes, as shall at all times, qualify as an exempt organization or organizations under section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United Sates Internal Revenue Law), as the Board of Trustees shall determine. Any such assets not so disposed of, shall be disposed of by the District Court of Pitkin County, Colorado, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. 8. Modification of this InterorganizationaJ Agreement. This Interorganizational Agreement may be modified by written amendment approved by all parties, acting separately and in accordance. with their respective procedural requirements. 9. 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: • Town of Snowmass Village clo Town Manager P.O. Box 5010 Snowmass Village CO 81615 10. Personnel. 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 not intended by the express terms of this Agreement. The SecretarylDirector of the Energy Office and all other staff members employed by the Energy Office or the Board of Tru~tees of the;Energy Office shall be for all purposes employees of the Energy Office. It is anticipated that Energy Office employees may be assigned to work on projects and activities for one or more of the GoveInmental .:'.'.'",:"..:;,;,',';;;..Entities and may be required to report to personnel employed by those entities. Nothing Ct)ntained in this Agreement shall be construed to make such sharing arrangements evidence of an employeeJ employer relationship other than the ~:>nes specifically set forth herein. No agent, employee, or:servant of one party shall be, or shall be deemed to be, the employee, agent or servant of the othet party. Each party to this agreement shall be Solely and entirely responsible for its acts and for the a&s of its agents, employees, servants and subcontractors during the performance of this Agreement. 11. Indemnification and Insurance The Energy Office shall indemnify all of the!entities participating in this Interorganizational Agreement and the Trustees of the Energy Office against all claims of any sort arising out of any acts of the Energy Office and its officers, employees and:agents. The Energy Office shall at all times, obtain and keep in force policies of Comprehensive General Liability Insurance and Directors and Officers Liability Insurance, having minimum policy amounts of $300,000 per occurrence, which policies shall include coverage for the obligations of indemnifi­ . , cation set forth in this paragraph. A Fidelity Bond shall be maintained by the ccrporatipn in a• - 5 ­ 19 '. sufficient amount to cover the duties of the Secretary/Director with regard to handling the funds of the corporation. None of the Governmental Entities waive the defenses or limitations on damages provided for and pursuant to the Colorado Governmental Immunity Act (Sec. 24-10-1-1 et seq.C.R.S.), the Colorado Mayor Hooker and Council member Unger were absent. By: Tow Constitution, their home rule charters or under the common law or the laws of the United States or the State of Colorado. IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement on the day and year stated hereinbelow. INTRODUCED, READ AND APPROVED, by the Town Council of the Town of Snowmass Village, Colorado on this 19th day of December, 1994 by a vote of five (5) in favor to zero (0) opposed. Ld\~ Trudi Worline, To ..vn Clerk Approved as to Form: • Town Attorney CITY OF ASPEN, COLORADO By: ATTEST: Approved as to Form: ... ")i~~ 1/3//~ . BOARD -OF COUNTY COMMISSIONERS FOR THE COUNTY OF PITKIN By: ATTEST: County Attorney Approved as to Form: • - 6 ­ 20 MEMORANDUM TO:Mayor and City Council FROM:Jim Pratt, Manager of Golf THROUGH:Austin Weiss, Director of Parks and Recreation MEMO DATE:Monday, September 2nd, 2024 MEETING DATE:Monday, September 9th, 2024 RE:Aspen Golf Club Business Plan _____________________________________________________________________ REQUEST OF COUNCIL: The intent of this work session is to update City Council on the Golf Department’s recent effort to develop a business plan that will inform the future needs for the golf course and to ensure the long-term financial health of the operations.Golf staff are also seeking feedback from City Council on the golf course’s current goals and mission,and to provide an update regarding some initial findings and talking points from the business plan. SUMMARY AND BACKGROUND: The golf course has been a part of the Aspen community since 1961 and has grown and evolved over that time. Its mission is focused on affordability and accessibility and as a beloved community asset, provides recreational opportunities year-round.Since the recent pandemic, golf and the facility have seen a substantial increase in use and demand. As a result, tee time availability has been harder to provide, and has forced staff and the Golf Advisory Board to evaluate and restructure our pass sales. Our community and visitors also have higher than most expectations of what a municipal golf course should provide and offer. It is our goal to continue to ensure that primary residents of Aspen have an affordable option and access to the ONLY public golf course in the upper Roaring Fork Valley. In response to the changing demands and expectation for the Aspen Golf Course, staff have undertaken the development of a Golf Business Plan to help steer the program into the future. This effort will look at both the business operations along with other opportunities to improve the overall golf user experience. Sirius Golf Advisors, LLC was 21 selected through a competitive RFP (Request for Proposal) process that included interviews with City staff and a committee of the Aspen Golf Advisory Board. Sirius Golf Advisors staff made 2 different site visits over the summer that included meetings with the Golf Advisory Board, Golf staff, Parks and Recreation Business Services staff, Nordic grooming staff, as well as all leaseholders (restaurant, tennis, Nordic retail). A detailed business plan report is expected to be delivered later this fall. DISCUSSION: Through initial discussions with the consultants, several opportunities for improvement have been identified that will need to be addressed and fully vetted. One of the questions posed to staff from the outset is whether the Aspen Golf Course should be an amenity or a profit center. Staff and the advisory board have been clear that the golf course’s mission has always been focused on affordability and accessibility as a City asset. This puts the golf course very much in the “amenity” column. The consultants have pointed out that a golf course located in Aspen, Colorado has the potential to be much more and could generate considerably more revenue if operated like a private business. Staff are seeking Council feedback on the mission and goals of the Aspen Golf Course and whether it continues to function as a community asset focused on affordable golfing opportunities. Other areas of focus involve the existing structure of our pass sales. The consultants have provided ideas for some hybrid models of modified greens fees and passes to generate additional revenue without significantly raising fees to the community. Our consultants are also working with staff to look for opportunities for efficiency improvements in our staffing for the golf course. The seasonal nature of the operations creates challenges to consistently retain quality staff. There may be opportunities to partner with other Parks and Recreation programs to provide consistent staff year- round. An obvious area of opportunity would be to partner with the Nordic trails team to provide consistent staffing and operational benefits for each program. This approach has been successful in other similar golf/Nordic operations in other locations. The other area of focus for our consultants is to analyze the clubhouse, cart barn, practice areas, and other maintenance facilities. The existing clubhouse is now over 22 years old and needs significant capital improvements. The Golf, Tennis, Nordic, and restaurant operations have outgrown the facility, requiring improvements and expansion soon. FINANCIAL IMPACTS: The Aspen Golf Club has consistently increased its revenue annually over the last few years, exceeding 2.9 million dollars in 2023, with an ending fund balance of $2,273,575 One of the primary goals of the business plan is to ensure the golf program stays financially sound while still meeting the community needs and expectations. 22 As capital improvements of the facility are identified through this Business Plan and an future facilities master plan, funding sources will be evaluated and identified. There could be bonding opportunities when combined with other Parks and Recreation facility needs. ENVIRONMENTAL IMPACTS: Any recommendations provided by the business plan will carefully be reviewed to ensure they align with the Golf Departments environmental goals and designation as a certified Audubon Sanctuary. RECOMMENDATIONS: At the completion of the Golf Business Plan, staff will present a thorough summary of the recommendations with both the Golf Advisory Board and City Council. CITY MANAGER COMMENTS: 23