HomeMy WebLinkAboutresolution.council.083-25RESOLUTION #083
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE INTERGOVERMENTAL AGREEMENT BETWEEN THE CITY
OF ASPEN AND COLORADO MOUNTAIN COLLEGE (CMC), AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an Intergovernmental
Agreement, between the City of Aspen and Colorado Mountain College (CMC), 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 an Intergovernmental
Agreement between the City of Aspen and Colorado Mountain College (CMC), a copy
of which is annexed hereto and incorporated herein, and does hereby authorize the City
Manager 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 loth day of June, 2025.
Rachael Richards, Ma
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foI egoing is a true and accurate copy of that resolution adopted by the City Council of
the City of Aspen, Colorado, at a meeting held, June 10, 2025.
Nicole Henning, City Cle
Docusign Envelope ID: 355C5853-921&4E05-9909-1F85813260348
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 CLASSROOM AT THE ASPEN CAMPUS
PARTIES
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this June 10t", 2025 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 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
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements of the parties and
other good and valuable considerations, the adequacy and sufficiency of which is hereby acknowledged,
the parties agree as follows.
AGREEMENT
I. Use of Facility
a. COLLEGE agrees to provide one classroom at the Aspen Campus that was 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 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.
Docusign Envelope ID: 355C585M2164E05-9909-1 F8513132130348
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.
II. Term. The term of this agreement shall commence at 12:01am on July 1, 2025 and continue for
a period of three (3) years. 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.
III. Fees. CITY agrees to pay COLLEGE the sum of $0 per month for use of the Facility.
IV. 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.
V. Learning Lab Opportunities.
a. The Parties agree that early childhood professionals require education and training before
entering the workforce Cl"d creating a pipeline of qualified childcare professionals helps children and
families throughout the Roaring Fork Valley and beyond.
VI. 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 CIVIC Risk Management prior to the issuance of
the certificate of insurance.
V11. 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.
Docusign Envelope ID: 355C5853-9216-4E05-9909-1 F85BB2B0348
bI 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
427 Rio Grande Place
Aspen, Colorado 81611
With a copy to:
Kate Johnson
City Attorney
City of Aspen
427 Rio Grande Place
Aspen, Colorado 81611
Colorado Mountain College
Attn: Julie S. Hanson
AVP of Business Services
802 Grand Ave.
AC ;
prngs, CO 81601
With a copy to;
Steven Skadron
Vice President and Dean, Aspen
& Carbondale Campuses
255 Sage Way
Aspen, CO 81611
In witness whereof the parties hereto have caused this agreement to be executed as of the day and year
first written.
Signed by:
7753E0500940430.1.
Pete Strecker, Interim City Manager
COLORADO MOUNTAIN COLLEGE
Julie S, Digitally signed by Julie
S. Hanson
Hanson Date: 2025.06.1 1
12:16:48-06'00'
By: Julie S. Hanson, AVP of Business
Services