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HomeMy WebLinkAboutresolution.council.010-92 I.' c, 'I~\ " "<... (I.... ~., $,..., .~ I;~ \h RESOLUTION NO. ID (Series of 1992) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF SNOWMASS VILLAGE AND PITKIN COUNTY FOR THE MAINTENANCE AND OPERATION OF THE NORDIC TRAIL PROGRAM, AND RATIFYING THE CITY MANAGER'S ACTIONS IN EXECUTING THE AGREEMENT ON BEHALF OF THE CITY OF ASPEN. WHEREAS, Section 13.5 of the Home Rule Charter for the City of Aspen authorizes the City of Aspen to enter into contracts or agreements with other governmental units, for furnishing or receiving services; and WHEREAS, the City Council desires to contract with the Town of Snowmass Village and Pitkin County for the continued maintenance and operation of the Nordic Trail Program upon the terms and conditions contained in the Intergovernmental Agreement attached hereto as Exhibit" A" and by this reference incorporated as if fully set forth herein; and WHEREAS, the City Manager, upon the prior approval and consent of the City Council, did execute said Agreement; and WHEREAS, the City Council desires to ratify said action by the City Manager. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the City Council does approve the Intergovernmental Agreement between the City of Aspen, the Town of Snowmass Village, and Pitkin County for the continued maintenance and operation of the Nordic Trail which agreement is attached hereto and incorporated herein. 2. That the City Council does hereby ratify the actions of the City Manager in .'" l.\ \'. ''< $11',' , 'c,,,, 10.",,'.,'" C)',. \.,._- executing the Intergovernmental Agreement on behalf of the City of Aspen. 3. That pursuant to Section 29-1-205, C.R.S., on or before February 1, 1993, and each February therafter, the City Clerk is directed to file with the Division of Local Government, Colorado Department of Local Affairs an updated informational list of all City contracts in effect with other political subdivisions, including the following information with respect to the Nordic Trail Program IGA. Name: Nordic Trail Program Contracting Political Subdivisions: City of Aspen, Town of Snowmass Village, and Pitkin County. Nature of Contract: Intergovernmental agreement for the continued maintenance and operation of approximately 80 KM of public cross country skiing trails located in the jurisdiction of the three contracting political subdivisions. Expiration Date: None stated; automatically renewed for successive one year periods unless sooner terminated by written notice of any party given not later than sixty (60) days prior to the expiration of the term then in effect. RESOLVED, APPROVED AND ADOPTED this ~ day of ~ , 1992, by the City Council for the City of Aspen, Colorado. .J' Pet'ers, ." Mayor Pro Tem I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foreg(Jing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colarado;at ame~ting held ~ # , 1992. ~K~~ [$'..,", t". -+.:,< f~ '. ~. 'it... ~'" INTERGOVERNMENTAL AGREEMENT THIS INT.{RGOVERNMENTAL AGREEMENT ("Agreement"), is made and entered into as of this 02 day of ~~ ' I9~ by and among THE TOWN OF SNOWMASS VILLAG , a municipal corporation ("Town"), CITY OF ASPEN, a home-rule municipal corporation ("City"), and PITKIN COUNTY, COLORADO, a Colorado home-rule COllnty ("County"). The parties recite as follows: WHEREAS, there currently exists approximately 80 Km (48 miles) of public cross country skiing trails ("Nordic Trail Program") provided by the Aspen/Snowmass Nordic Council located in the City, the Town and the County; and, WHEREAS, the Nordic Trail Program includes certain pedestrian trails which alleviate dangerous traffic conditions in winter; and, WHEREAS, the parties hereto have previously participated in an Intergovernmen- tal Agreement for the purpose of sharing in the cost of ?urchasing needed equipment and for operating and maintaining the Nordic Trail Program; and, WHEREAS, the parties intended to enter into a similar Intergovernmental Agreement prior to the 1991 season to equitably share in the costs of op"rating and maintaining the Nordic Trail Program but failed to do so; and, WHEREAS, the City absorbed most of the costs of operating and maintaining the Nordic Trail Program throughout the 1991 season; and, WHEREAS, the Town and the County desire to reimburse the City for their share of the expenses for operating the Nordic Trail Program during the 1991 season (1/1/91 through 12/31/91); and, WHEREAS, the Town did purchase a snowmobile for the sum of five thousand three hundred dollars ($5,300.00) for the Nordic Trail Program during the 1991 season which the parties acknowledge as a monetary contribution towards the operational costs of the 1991 Nordic Trail Program; and, WHEREAS, the City, the Town and the County have determined that the continued operation and maintenance of the Nordic Trail Program will provide substantial public benefits and recreational opport,:nities for the resident of the City, the Town and the County; alld, WHEREAS, the parties hereto agree that the City has the expertise, staff and equipment to best operate and maintain the Nordic Trail Program; and, WHEREAS, the City has agreed to operate and maintain the Nordic Trail Program for the benefit of its citizens as well as the residents of the Town and County; and, ~",~"'.,'",,, ~, . A_ I",,' It ,\:'; ";'- lilt", '& '\~ ~Ul{UlC IGA Page 2 of 5 WHEREAS, the City, the Town, and the County have agreed, as. more particularly described herein, to share and apportion the annual cost of operating and maintaining the Nordic Trail Program; and, WHEREAS, Title 29, Article I, Part 2 of the Colorado Revised Statutes authorizes the parties hereto to cooperate and contract with one another as contemplated herein; NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowl- edged, the parties agree as follows: I. 1991 Costs. In order to reimburse the City for the expenses it incurred during the 1991 season, the County agrees to pay the City the sum of six thousand six hundred dollars ($6,600.00) and the Town agrees to pay to the City the sum of five thousand seven hundred dollars ($5,700.00) in addition to the donation of said snowmobile. The Town and the County each agree to pay said sums in cash; or, at their option, in kind services to be provided over a period of one year, to include but not limited to nordic trail maintenance and constnlction, trail repairs, or materials (i.e. road base, fill dirt, etc.). In the event that there are year end savings in operating expenditures during the 1992 season for which prepayment has been made pursuant to this agreement, the Town or County may apply said savings toward reducing their obligation to the City. The Town and County each agree to reimburse the City as set forth herein no later than December 31, 1992. 2. Citv's Obligations to ODerate and Maintain Nordic Trail Program. The City shall use its best efforts to operate and maintain the Nordic Trail Program for every season this agreement is in effect. 3. Cost Sharing of ODerating and Capital Expenses. The City, County, and Town each agree to pay one-third (1/3) of the entire actual COSts of operating and maintaining the Nordic Trail Program, Said costs shall include actual annual operating expenses and capitalized equipment purchases. Annual operating expenses shall include Nordic Trail Program expenses described and set forth in annual City of Aspen Budget Documents. Capitalized equipment costs shall include all capital equipment purchases approved by the Aspen City Council for the Nordic Trail Program as described and set forth in annual City of Aspen Budget Documents. (The parties hereto acknowledge that the annual operating costs for the 1992 season (1/1/92 through 12/31/92) are budgeted to be $66,200 and the projected capital expenses for the Nordic Trail Program for 1992 are budgeted at $50,000. Similar costs are projected for future years as well.) Except as hereinafter provided, the Town and County each agree to make quarterly advanced payments to the City on or before the fifteenth day of the month of each calendar quarter in an amount equal to its share of the total costs for the Nordic Trail Program as budgeted by the Aspen City Council. (By way of illustration and example, the Town and the County shall each pay the City on or before January 15, April 15, July 15, and October 15, 1992, the sum of $8,683.50 as their share of the projected budget for operating costs of $66,200 and capital equipment purchases of $50,000). Final expenditure reconciliations for each season shall be completed by April 15 of the following season, 2 i.\;vl\uJ..L ....\.:J:~ ijcJ.'0C J of :J - I.' ~.,', ", "a f~,'.'" , ;;\ ''( ~< ~-", ~. Notwithstanding the previous paragraph, the parties agree that the Town may pay its one third share of the projected 1992 capital equipment expenses by financing its share with the City in the following manner: (i) Pay the City a down payment of $5,000,00. (ii) Pay, on or before January 15, 1993, the sum of $5,700.00 plus $702.00 in interest (6%). (iii) Pay, on or before January 15, 1994, the sum of $6,000.00 plus $360.00 in interest (6%). In the event that projected expenses exceed the budgetary amounts approved in accordance herewith, the City agrees to notify Town and County ten (10) days prior to any expenditures exceeding the budgeted amounts. 4. Term, The term of this Agreement shall be for a period of one year, commencing on the date this Agreement is duly executed by all parties and shall automatically be renewed for successive one (1) year periods thereafter upon the approval of the annual budgets and subject to appropriations for any such year by the Aspen City Council, the Snowmass Village Council and the Pitkin County Board of County Commissioners until and unless sooner terminated by written notice of any party given not later than sixty (60) days prior to the expiration of the term then in effect. 5. Insurance. The parties hereto understand that the City of Aspen is, at the time this Agreement is executed, a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. The parties may consult the City of Aspen's Finance Department to inspect the specific insurance policies and the specific coverages afforded by CIRSA which may relate to the activities contemplated by this Agreement. The City of Aspen makes no representations whatsoever with respect to specific coverages afforded by CIRSA. The City shall provide reasonable notice to the Town and the County of any changes in its membership or participation in CIRSA. The parties hereto agree to share equally in the risks and liabilities associated with operating and maintaining the Nordic Trail System; subject, however, to compliance with the procedural requirements and monetary restrictions set forth at Section 24-10-101, et seq., C.R.S. Accordingly, the parties agree to jointly defend and share equally in the payment of any judgments, settlements, or insurance deductibles arising from any claims or awards for loss, damage or any liability which may result from the City's acts or omissions relating to the operation and maintenance of said Nordic Trail System including activities related to the storage, maintenance or operation of equipment and attorney's fees. Nothing herein shall constitute a waiver of the parties' rights as provided in Section 24-10-106, C.R.S. The City shall carry worker's compensation insurance covering all of its employees and will furnish upon request to the Town and the County certificate(s) evidencing such coverage at the commencement of each Lease Term, 3 -'~ _.~ .-. - _. ,,".. ... .....'::.1..... ., U_ :;; e.'- "\""... ~-" . tit v. \<(,.. 6. Ownershin of Capital Equipment. The City, Town and the County agree that the City shall accept title to all equipment purchased in accordance with this Agreement or previous agreements relating to the Nordic Trail Program and to use said equipment to develop, groom and maintain said Nordic Trail Program and for related uses for and on behalf of the Ci,ty, Town and County. 7. Maintenance. Repair and Housing. The City shall maintain all equipment leased or purchased for the Nordic Trail Program in accordance with this Agreeme,;; or previous agreements. City agrees to make its regular service and repair facilities, includin; available tools and personnel, reasonably available for such maintenance and repair. Said equipment, unless not in use, shall be stored and/or housed at a location consistent with reasonable use and maintenance of other City owned or leased equipment. 8. Termination. Subject to the provisions of Paragraph 3 above, the City may terminate this Agreement on sixty (60) days' written notice to the Town and the County. 9, Default. In the event of default of any of the terms or provisions hereof, the non- defaulting party shall give written notice specifying the default and demanding the cure thereof. If such default is not cured within ten (10) days of such notice or such additional time as may be reasonably necessary to cure the default with due diligence, the non-defaulting party may pursue any remedies available to it for breach at law or in equity, including termination of this Agreement, if appropriate. In the event of litigation, the prevailing party may recover its Costs and expenses including reasonable attorney's fees. 10, Notice. Any notice shall be in writing and shall either be delivered personally or sent certified mail, return receipt requested, at the addresses set forth below. The notice shall be effective upon delivery or, if properly mailed, three (3) days from the date of such mailing. The mailing addresses of the parties, unless altered by written notice. are as follows: CITY: City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 COUNTY: Board of County Commissioners c/o County Manager 506 East Main Street Aspen, Colorado 8161 I SNOWMASS VILLAGE: Town Manager Town of Snowmass Village 4 ~~v~,~.....,- -L'0'" "-'""''::iL:::J 0:' ::J .:,"~'" ,/ ~\..", -,' e' t", \, 'a,' !~' ,,' k 'Z, ' P.O. Box 5010 Snowmass Village, Colorado 8]615 11. parti es. Assignment. This Agreement may not be assigned without mutual consent of the 12. Miscellaneous, This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, t}yir successors, representatives and assigns, shall be constmed in accordanc.e with the laws of [jle State of Colorado, contains the entire understanding of the parties hereto, and shall not be modified except by a writing signed by the parties hereto. ATTEST: ~e.L- CITY CLERK ATTEST: JLi", r r .- , . ~'.: / / """..,,,,,q'i...., " .,' "', '--. " ~.., .~. .... ,",< f~"" .. .~.'.'. ~\ l,',... :.. ~ :,OFFICIAU'> ~ . --: ~ 'l(f~'?'1 ' : .:; ~ \.~~":"~:.'--j-\ .':....... ~....! -, . .....~.."..., \\" ci'JID\r.);d"n ~ 'nO-/VYY'\OV-- Amber Harmon, Town Clerk CITY OF ASPEN, COLORADO BY.~ l (L Frank' Peters., 'Mayor Pro Tem COUNTY OF PITKIN \ By: -,~/ TOWN OF SNOWMASS VILLAGE By: Ob0~ Richard G. Wall, Mayor 5