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HomeMy WebLinkAboutresolution.council.008-96 e ......-:-, RESOLUTION NO. t) Series of 1996 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERJ'ITMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY REGARDING THE WINTER MAINTENANCE BY THE CITY OF ASPEN OF CERTAIN COUNTY TRAILS. WHEREAS, there has been submitted to the City Council an intergovernmental agreement between the City of Aspen and the Board of County Commissioners of Pitkin County, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that intergovernmental agreement between the City of Aspen and the Board of County Commissioners of Pitkin County, ,J. regarding the winter maintenance by the City of Aspen of certain County trails, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen 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 C)L,v l'-to ~ the~ day of '1::::r<--'1),J.uzilkl"' 1996. ~ 12 .~- " " (?~w-o John S. Bennett, Mayor I, Kathryn S. Koch, 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 hereinabove stated. e ;t:;a;~;4 &/"L Kathry,{( S. Koch, City Clerk e e e THE INTERGOVERNMENTAL AGREEMENT BETWEEN PITKIN COUNTY AND THE THE CITY OF ASPEN REGARDING THE WINTER MAINTENANCE OF CERTAIN COUNTY TRAilS PARTIES THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this~day of ::L-h ,199b by and between Pitkin County (the "County") and the City of Aspen (the "City") (collectively the "Governments"). AUTHORITY This Agreement is entered into, inter alia, pursuant to Section 29-1-201, et ~., eR.S., and Article XIV, Section 10, of the Colorado Constitution. RECITALS WHEREAS, the Governments are duly constituted governmental entities governed by a Board or Council elected by qualified electors of the County or City, both of which are located in Colorado; and, WHEREAS, the Governments are desirous of assuring that certain non-vehicular trails, which are owned by Pitkin County but are located in close proximity to the Aspen City Limits, are kept clear of snow and otherwise usable by the public through the 1995/96 winter season; and, WHEREAS, The Board and Council of the respective Governments are authorized to execute this Intergovernmental Agreement on behalf of the Governments; and, WHEREAS, This Agreement will abide by and comply with all constitutional requirements concerning local government expenditures and procedures; and, WHEREAS, the Governments have determined it is in the best interests of the citizens of their respective jurisdictions to enter into this Intergovernmental Agreement. OBLIGATIONS OF PARTIES NOW, THEREFORE, the Governments do hereby approve of the Intergovernmental Agreement as follows: 1. Purpose. The purpose of this Intergovernmental Agreement is to allow for the winter maintenance of two County Trails, known as the High School Trail and the Hospital (Vroom) Trail. Said trails are located in Section 12, Township 10 South, Range 85 West of the 6th Principal Meridian. A more specific location of the trails is depicted in Exhibit "A". 2. Services to be Performed. The City agrees to conduct, and the County agrees to pay for all services, materials, labor and equipment time necessary to keep the trails free and clear of snow and ice, and in general repair and usable condition. The costs of these services will not exceed Ten-thousand, Five-hundred and 00/100 Dollars ($10,500.00). Exhibit "B" details the work to be done and the cost of said services to the County. 3. Ownership of the Property. The County acknowledges ownership of the property and will allow the City to conduct the services described on the County Trails under the conditions set forth in this agreement. 4. Management of the Property. For the services rendered under this /\greement, the relationship between the City and the County will be that of a contractor and owner. The City will be responsible for the management of the services specified under this agreement only. The County will be responsible for the overall management of any other services or work required of the County Trails. a . 5. Insurance. The City shall be responsible for retaining the necessary insurance to cover it's workers and equipment when conducting the services. Prior to any work within or along the County Trails, the City agrees to purchase, maintain and authorize sufficient liability insurance, funding this indemnity as follows: (1) Statutory Workman's Compensation: Colorado statutory minimums (2) Commercial General Liability: Bodily Injury/Property Damage Combined Single Limit: $1.000,000 Endorsements: --",--Comprehensive Form --",--Prem ises/Operation s --",--Contractual (Hold Harmless Coverage) _Underground, Explosion and Collapse Hazard --",--Products/Completed Operati,ons --",--Independent Contractors/ Consultants and Subconsultants, if such are used in the project --",--Personal Injury, with Employment e 2 e e e Exclusion Deleted (3) Comprehensive Motor Vehicle Liability Insurance: Bodily Injury/Property Damage Combined Single Limit: $1.000.000 Endorsements: ---'L-Any Auto ---'L-AII Owned Autos ---'L-Hired Autos ---'L-Non-Owned Autos _Garage Liability 6. Indemnifications. To the extent permitted by law, the City hereby indemnifies and releases the County from any and all liability costs, demands, actions or claims for property damage on or around the County Trails, or property damage to properties in the area as a result of the maintenance services to and on the County Trails, or personal injury any person arising out of the City's actions associated with the services under this Agreement, except that which is the result of negligence of the County, The County hereby indemnifies and releases the City, to the extent allowed by law, from any and all liability costs, demands, actions or claims for property damage and personal injury to hikers, bikers, skiers and equestrians using the County Trails, except that which is caused by the negligence of the City. 7. Entire Agreement. This Agreement and the exhibits attached hereto contain the entire understanding of the Governments. There are no representations, warranties, covenants or undertakings other than those expressly set forth herein. This Agreement may not be modified or amended except by writing, signed by the Governments. 8. Counterparts. This Agreement may be executed in counterparts and, as executed, shall constitute one addendum binding on the Governments notwithstanding that all said parties are not signatory to the original or same Agreement. 9. Recordation. Upon full execution of this Agreement, the Agreement shall be placed of record in the real property records of the Clerk and Recorder of Pitkin County, Colorado. 10. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the Governments and their respective heirs, successors and assigns. 11. Unenforceable Provision. If any provision of this Agreement shall be determined to be void by any court or competent jurisdiction, such determination shall not effect any other provision hereof, all of which other provisions shall remain in full force and effect so long as all the material provisions hereof can be performed. It is the intention of 3 e e It the Governments that, if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, the provision will have the meaning which renders it valid. 12. Governing Law. The interpretation, construction and performance of the Agreement shall be governed by the laws of the State of Colorado. In the event of any litigation, jurisdiction and venue shall be with the Courts of Pitkin County, Colorado. 13. Captions. Paragraph headings are inserted for convenience only and they shall in no way define, limit or prescribe the scope or intent of this Agreement. 14. Mutually Negotiated. This Agreement was negotiated and I'eviewed through the mutual efforts of the Governments and it is agreed that no construction shall be made or presumption shall arise for or against either Government based on alleged unequal status of the parties in the negotiation, review or drafting of this Agreement. TERM OF AGREEMENT To the extent required by Article X, Section 20 of the Constitution of the State of Colorado, this Agreement is subject to annual renewal and appropriation by the parties hereto. To the extent not so required, this agreement shall remain in full force and effect from the date first written above to the end of the need for snow removing services, generally understood to be November, 1995, to May, 1996. EXECUTION EXECUTED the date first written above. BOARD OF COUNTY COMMISSIONERS PITKIN COUNTY, COLORADO COLORADO CITY COUNCIL CITY OF ASPEN, ~.t.-, ('3~ Joh Bennett, Mayor Michael C Ireland, Chairman ATTEST: , // . /U-_~;~~ Jeanette Jones, Deputy Pitkin County Clerk I) _, /~t --/l{'- I _ Kathryn Koch,/ Aspen City Uerk 4 e e e APPROVED AS TO FORM: ~a+l'!s. ~:k>/'9b JO Wo cester, Aspen City Attorney Debbie Quinn, Assistant County Attorney RECOMMENDED FOR APPROVAL: dnct Q orge oblnson, Director of Parks and Recreation Tom Newland, Deputy Director Public Works 5 ~D1WWlB the Governments that, if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, the provision will have the meaning which renders it valid. 12. Governing Law. The interpretation, construction and performance of the Agreement shall be governed by the laws of the State of Colorado. In the event of any litigation, jurisdiction and venue shall be with the Courts of Pitkin County, Colorado. 13. Captions. Paragraph headings are inserted for convenience only and they shall in no way define, limit or prescribe the scope or intent of this Agreement. 14. Mutually Negotiated. This Agreement was negotiated and reviewed through the mutual efforts of the Governments and it is agreed that no construction shall be made or presumption shall arise for or against either Government based on alleged unequal status of the parties in the negotiation, review or drafting of this Agreement. TERM OF AGREEMENT To the extent required by Article X, Section 20 of the Constitution of the State of Colorado, this Agreement is subject to annual renewal and appropriation by the parties hereto. To the extent not so required, this agreement shall remain in full force and effect from the date first written above to the end of the need for snow removing services, generally understood to be November, 1995, through May, 1996. EXECUTION EXECUTED the date first written above. BOARD OF COUNTY COMMISSIONERS PITKIN COUNTY, COLORADO CITY COUNCIL CITY OF ASPEN, COLORADO /1-. n \2. ~ /iames R. True, Chairman John Bennett, Mayor Kathryn Koch, Aspen City Clerk e 4 a . - a '. APPROVED AS TO FO,RM: . . tJo:Mo~r~ Debbie Quinn,' Assistant County Attorney. RECOMMENDED FOR APPROVAL: om Newland, Deputy Director Public Works John Worcester, Aspen City Attorney George Robinson, Director of Parks and Recreation 5 "' -;-~:'~~~;~f~~':~~:j:~~~~'~l ~~. .. _" '.-..",. - -'"J';'."~':';"';t"'_~"'" .f~:.r...""-~'f'-~;._~it~~..1;~r-:if!!~<; i;.,.' . " . "-" -. 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