HomeMy WebLinkAboutresolution.council.035-93 RESOLUTION NO.
(Series of 1993)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS FOR PITKIN
COUNTY FOR THE SHARING OF FACILITIES AND RESOURCES REGARDING
PERSONNEL SERVICES.
WHEREAS, both the City of Aspen and Pitkin County maintain
personnel departments pursuant to their governmental and adminis-
trative operations; and
WHEREAS, financial and operational efficiencies may be
realized by the sharing of resources and staff in the delivery of
personnel services by both the City and County; and
WHEREAS, the city and County personnel offices have had a
recent successful history of sharing resources and staff in the
delivery of personnel services; and
WHEREAS, the city and County wish to formalize and memori-
alize an agreement to share resources and staff relevant to
personnel department services; and
WHEREAS, Section 29-1-201, et seq., of the Colorado Revised
Statutes authorizes and encourages cooperative agreements between
governmental entities in the delivery of services or the perfor-
mance of governmental operations; and
WHEREAS, Section 13.5 of the Home Rule Charter for the City
of Aspen provides that the city may by resolution enter into
agreements with o~her governments for the joint use of equipment
and facilities and the furnishing of services; and
WHEREAS, the city Council finds that the public welfare
would be served by entering into an agreement with Pitkin County
for the sharing of personnel services, staffs, and resources.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, that an intergovernmental agreement
between the City of Aspen and Pitkin County for the sharing of
personnel department resources, functions and staffs, a copy of
which is attached hereto and fully incorporated herein, be and is
hereby authorized and approved and the Mayor and/or city Manager
are authorized to execute same on behalf of the City of Aspen.
BE IT FURTHER RESOLVED that said intergovernmental agreement
shall be made retroactive to January 1, 1993, and shall automati-
cally renew each year thereafter upon the adoption by the City
and County of their respective annual budgets containing funding
adequate to carry out and continue the purposes as set forth
herein.
RESOLVED, APPRovED AND ADOPTED this~ day of
~ , 1993, by the City Council for the city of
Aspen, Colorado.
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 -- ~ ~/ ,
1993o
City Clerk
jC517.3
2
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT is entered into on the
date(s) as specified hereinafter by and between the City of
Aspen, Colorado, a home rule municipal corporation (hereinafter
"City") and the County of Pitkin by and through the Board of .
County Commissioners of the County of Pitkin, Colorado, a Colora-
do political subdivision and body corporate (hereinafter "Coun'
ty") and is made and executed pursuant to Section 29-1-201, e_~t
seq., of the Colorado Revised Statutes, and it shall be liberally
construed so as to promote and achieve the purposes as set forth
herein.
PURPOSE
This Intergovernmental Agreement is designed and intended to
facilitate the efficient and cooperative sharing of resources and
personnel in the operation and delivery of personnel services to
the City and County.
TERM
The term of this agreement shall be one (1) year commencing
January 1, 199~ and ending December 31, 19~3~C/Thereafter, this
agreement shall annually and automatically renew for successive
one (1) year terms (January 1 through December 31) upon the
adoption by the city and the County of their respective annual
budgets containing funding adequate to effectuate the purposes of
this agreement. Failure on the part of the city and/or County to
adequately fund the services as described hereinbelow shall cause
this agreement to terminate and the parties shall be released
from all obligations as set forth herein.
SHARED SERVICES
The City and County agree to share occupancy of office space
and the use of office equipment situated in the County's office
building at no cost to the City. The cost of supplies necessary
for the operation and delivery of personnel services to the
respective parties shall be shared on an equal basis (50%-50%).
The City and County further agree to jointly fund and share the
services of one support staff person who shall work under the
supervision of the City and County Personnel Directors.
SUPPORT STAFF
The staff person as provided for in this agreement shall be
classified as a County employee and be entitled to all rights,
privileges and benefits as afforded all other County employees,
except that the hiring and/or termination of the support staff
person may only be undertaken with the consent of both the City
and County Personnel Directors. The city and County agree to
share annual salary, benefit, and training and education costs
for the support staff person on an equal basis (50%-50%). In the
event the workload and duties of the support staff evolve in such
a manner so as to demonstrate that the City or the County is
deriving or commanding a disproportionate share of the support
staff person's time and services, then the parties shall adjust
their funding contributions so as to reflect the level of servic-
es actually received or to be delivered. Such adjustments in
funding shall only occur at the time of the adoption by the
parties' of their respective annual budgets. Payments by the
City to the County for its share of the department costs shallibe
made in accordance with that memo dated' April 22, 1992, from the
City and County Finance Directors to the city and County Manag-
ers, which memo is attached hereto as Exhibit "A".
AMENDMENTS
This agreement constitutes the whole and complete agreement
of the parties and no amendments hereto shall be effective absent
the written consent of both parties.
WITHDRAWAL
Both the City and the County may withdraw from this agree-
ment at any time upon written notification to the other sixty
(60) days in advance of the date upon which they intend to
withdraw. Upon delivery of a notice to withdraw, the parties
shall endeavor to equitably distribute the shared assets of the
personnel office in a manner which reflects the parties' previous
respective financial contributions.
IN WITNESS WHEREOF, the parties have executed this agreement
by their duly authorized representatives on the day and year as
specified.
THE CITY OF ASPEN
John Bennett, Mayor
ATTEST:
Kathryn ~ Koch, City Clerk
THE COUNTY OF PITKI~ THROHGH
THE BOARD OF COUNTY COI~IIS-
SIO~ERS
BY:~hairperson
ATTEST:
County Clerk
jc225.1
2
To: Reid Haughey, County Manager
Amy Margerum, city Manager
From: Debe Nelson, Pitkin County Finance Director
Dallas D. Everhart, city of Aspen Finance Director
Date: April 22, 1992
Re: palrments between the city of Aspen and Pitkin County
SUM/4ARY: Historically, many agreements have been made by the city
Council and the Board of County Commissioners which have not been
documented. When these agreements involve money, the finance
departments find themselves in the middle of involved parties in
order to facilitate payment to the other entity. This causes
frustration on the part of both departments and hinders, our working
relationship and efficiency. We would like to promote that
relationship by bringing issues to management's attention in order
to obtain your direction to resolve the issues. The first part of
the memo discusses the agreements made between the finance
department with respect to payments of joint department activities.
JOINT DEPARTMENTS.
County administered joint departments include building inspection,
law enforcement records and dispatch/communication · The city
administered joint departments include planning and zoning, data
processing, and environmental health. The County and City maintain
written agreements for animal control (service provided ~¥ the
city), personnel assistance and phones (services provided'~ the
County). The policies for RFTA and Housing will be addressed in
a separate memo.
All joint ~ctivities are reconciled at year end. The C~nty
adjusts the year end actual to reflect actual year end activity.
The city will record the activity based on the approved budget and
will adjust to actual in the following year. The fact that each
entity is handling year end differently should not create a problem
as long as prior year reconciliations are communicated timely in
July (by the request of city staff) of the following year.
General policie~
1. Adopted budqet approval All payments for shared department
operations should be agreed upon by both the BOCC and ACC during
the budget approval proceSS- The Finance Departments will provide
information for BOCC and ACC approval with adequate time for review
by staff. Joint Departments will present budgets to the BOCC and
ACC at a joint budget meeting at which time the budget will be
EXHIBIT A
o~ the budget presented at the joint
approved. Any changes fr ~ied in writing by the
meeting and the adopted budget will be ~=
Finance Departments- Changes made after the budgets have ~en
reviewed by BOCC and ACC may not be funded. The joint budgets will
· · January and the managers will be notified of
be revlewe~ in ....... r,~ so that they may be resolved.
discrepancies in ~ ~
2. pa__~__~s for shared de artmentS The finance departments will
prepare po's to make monthly payments for their share of the net
budget to the other entity- payments will be made by the 15th of
the month for 1/12th of the net budget for eaCh department- The
adjusting or final payment will be made by July 15th of the
following year.
Each department or agreement will be
independent de~ for services
handled as a separate agreement and adjustments
rendered by either entity will not be netted against payment for
another service or year.
t policies The budget policies of the controlling entity
. Bud e ....11 be the responsibility of the
4 o~- ~- ~]~wed. It wi ~ ..... ehe f~nance and
will usual Y ~- ~- ~onitor the budgetS, .... ~ AnY problems
de artment heau~ uu ~ so oversee the Dua~ ~ ~ +~ mther
P t de artmentS w~ll al=: ..... 4u~ be communlca~ea uu
budge ~ ---~rolllng enu~u~
noted by the ou~u problem 17 ~ .... ~untin~ systemS, since'the
entity as soon as the .. nticiDated to allow supplemental
budget adjustments to ocCUr on Do~n ~,~ = policies will
county's policy alloWS more flexibility the following
be used for county administered shared departmentS subject to
paragraph six.
wards - Any project not completed in the
a. Bud~°~remaining budget of at least $1,000
' d to the next year. This policy dees not
can be carrie forward to operating savings-
allow budget adjustments due
stmentS - A department may find a new
b. Net zero bud et adgu~ - a new
revenue source to offset the 'cost of implementing
program. Expenditures may be increased equal to the new
revenue source up to $10,000 with city and County manager
approval. .. ~ ~o~artment may exceed the b~dgeted
c. E×Denditure~ -. n ~00 ~4,000 in 1992 based on the
expendi--~ures by up~O 3z~~ th~~ increased cost is
approved city ~un~lng; ~ .
extraordinary cmrcumstances- City and county managers will De
notified of these variances in advance, if possible.
' s maY transfer unrestricted budget
~ ~=~o~ - Section head ~ ,_~ department to
u. ~r~o~er~S ~ ~25 000 from one ~'2~ ~e a~r°val
of the BOCC lz ~
e. Transfers - Department heads may transfer less than
$10,000 (and upto $25,000 with section head approval) within
their department line items provided it does not increase
future years operations.
5. Revenue~ Revenues should also be monitored since they impact
the net amount due to/due from either entity. Revenue shortfalls
will cause the net subsidy to joint departments to increase. The
City and County agree to increase the subsidy if the revenues fail
to meet budget but reserve the right to reduce expenditures during
the year to offset revenue shortfalls. Any anticipated revenue
shortfalls should be communicated to management as soon as possible
to consider reducing services or subsidies. Revenues in excess
of budget will be allocated using the same methodology as
shortages.
6. Budqet adjustments. The budget policie~ and changes to joint
department budgets will be the responsibility of the entity that
does the accounting for the joint department. Budget changes fOr
any joint departments must be approved by both the BOCC and ACC if
the change increases the net shared cost.
7. Procedures The.Finance Departments will sign all worksheets
and procedures for allocation of revenues and expenditures for
shared departments and services provided.
APPROVED: /~
~ity Manager ~ ~~ ~ date ~/~/7/~-
County Manager I ~ date ~tc~/f~
92pitcoagree
MEMORAND~
DATE: May 18, 1993
TO: Mayor and city Council
FROM: Jed Caswall, City Attorney~
RE: Intergovernmental Agreement for Sharing Personnel
Department Functions, Resources and Staffs.
The above-noted matter is on your consent agenda at the request
of the City and County Managers so as to clarify and formalize
the sharing of personnel department functions between the City
and County. In that the city and County personnel departments
have, in effect, been sharing resources and functions to a
certain degree for some time, the respective departmental
managers thought it would be prudent and beneficial to formalize
the relationship between the departments by intergovernmental
agreement.
Both state law (C.R.S. Section 29-1-201, et seq.) and the Aspen
City Charter (Section 13.5) authorize and encourage the execution
of agreements between governmental entities for the sharing of
resources and functions when appropriate. Under the Charter,
IGA's must be approved by resolution.
The proposed agreement provides for the sharing of office space,
equipment and supplies, and the joint funding of a single support
staff person who shall work under the direction of the personnel
directors. The staff person shall be classified as a County
employee. If it eventually turns out that the staff person
spends more time on County matters as opposed to city matters, or
vice versa, then an adjustment in the cost-sharing shall be made
to reflect the actual work load.
The term of the agreement is one year, which shall subsequently
renew annually upon the adoption of the City and County budgets.
Either party may withdraw from the agreement on sixty days
written notice.
REOUESTED ACTION: Approve Resolution No. ~ (Series of 1993)
authorizing and approving the proposed IGA for the joint
operation of the city and County Personnel Departments.
EMC/mc
Attachment
jc518.1
cc: city Manager
City and County Personnel Directors
County Manager
A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,
Authorizinq the Approval of the Personnel
Services Interqovernmental Aqreement
Resolution ~ 94-~_
RECITALS
1. It is the stated policy of the City of Aspen and Pitkin
County to collaborate and cooperate in the provision of
services where such cooperation would facilitate the
efficient and cooperative sharing of resources and
personnel. This policy extends to the operation and
delivery of personnel services to the city of Aspen and
Pitkin County. ,
2. This agreement has been informally agreed to since 1989.
3. In the interest of the city of Aspen, Pitkin County and
the Public, the defined nature of collaboration,
cooperation and the response to the needs of the
associated parties requires formality.
NOW THEREFORE BE IT RESOLVED by the Board of County
Commissioners of Pitkin County, Colorado that it will grant the
Chairman of the Board of County Commissioner's the ability to enter
into a Personnel Intergovernmental Agreement to facilitate the
efficient and cooperative sharing of resources and personnel in the
operation and delivery of personnel services to the City of Aspen
and Pitkin County, a copy of which is attached hereto.
BE IT FURTHER RESOLVED, that this intergovernmental agreement shall
be made retroactive to January 1, 1993, and shall automatically
renew each year thereafter upon the adoption by the City and County
and their respective annual budgets containing funding adequate!to
carry out and continue the purposes as set forth herein.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING AT THE
REGULAR MEETING ON THE 8th DAY OF February , 1994
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE
18th DAY OF February , 1994.
APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING
ON THE 22nd DAY OF February , 1994.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES ON THE 4th
DAY OF March , 1994.
ATTE~ ,~~ BO~D OF COUNTY CO~ISSIONERS
OF PITKIN COUNTY, COLO~DO
J~&tte Jones
R~rder~ Robert W, Child, Chairman
D~uty
Clerk
&
APPROVED AS TO FO~: ~AGER APPROVAL:
·
~n~t~rey Reid Haughey
Gounty Manager
APprOVED AS TO CONTENT:
Cheryl ~umnock
pcsem/wp/reso
i_NTERGOV~ERNMENTAL AG~EE~ENT
THIS iNTERGOVERNMENTAL AGREEMENT is entered into on the
date(s) as specified hereinafter by and between the city of
Aspen, colorado, a home rule municipal corporation (hereinafter
"City") and the County of Pitkin by and through the Board of
colorado, a colora-
County CommmS loners of the County of Pitkin,
do political subdivision and body corporate (hereinafter "Coun-
ty'') and is made and executed pursuant to Section 29-1-201,
~., of the colorado Revised statutes, and it shall be liberally
construed so as to promote and achieve the purposes as set forth
herein.
~U~POSE
This intergovernmental Agreement is designed and intended to
fscilitate the efficient and cooperative gharing of resources and
personnel in the operation and delivery of personnel services to
the city and county.
TERM
~~' reement shall be~O~'~l~' year commen~g
The t m'of tnls a~ ..... ~ Thereafter,
January 1/~and ending uecemDe~ ~, ......
agreement shall annually and automatically renew for successIve
one (1) year terms (January 1 through December 31) upon the
adoption by the city and the county of their respective annual
budgets containing funding adequate to effectuate the purposes of
this agreement- Failure on the part of the city and/or county to
adequately fund the services es described hereinbeloW shall cause
this agreement to terminate and the parties shall be released
from all obligations as set forth herein.
SHARED SERVICE~
The city and County agree to share occupancy of office space
situated in the County's office building at no cost to the city,
and the use of office equipment and supplies necessary for the
operation and delivery of personnel services to the respective
parties. The city and County further agree to jointly fund and
share the services of one support staff person who shall work
.under the supervision of the city and County Personnel Directors-
SUPPORT STAF[
The staff person as provided for in this agreement shall be
classified as a:County employee and be entitled to all rights~
privileges and benefits as afforded all other county employees,
except that the hiring and/or termination of the support staff
person may only be undertaken with the consent of both the city
and County personnel Directors. The city and County agree to
share annual salary, benefit, and training and education coslts
for the support staff person on an equal basis (50%-50%)- Iin the
~vent the workload and duties of the support staff evolve in such
demonstrate that ~he city or the county is
a manner so as to . ~s~ro~ortlonate share of the s~pport
commanding a ~ ~ ~
deriving or ' es. then the parties shall adjust
~ n rson'S time and.serVlc k ~n reflect the level of s~rVlc
s~t~ ~e ~. - ~nntributlons so a~.~ -~ ~,~h a~ustmentS in
their fun~n9 ~V- = ~ to be dellverea. ~ .... ~ - ~,, the
es actually recelveu u~ .
funding shall only occUr at the time of the adopLlO~ ~
parties' of their respective annual budgetS.
AMENDMENT~
This agreement constitutes the whole and complete agreement
of the parties and no amendments hereto shall be effective absent
the written consent of both parties.
wITHDRAWAL"
Both the city and the county may withdraw from this agree-
ment at any time upon written notification to the other sixty
(60) days in advanCe of the date upon which they intend to
withdraW- upon delivery of a notice to withdraW, the parties
shall endeavor to equitably distribute the shared assets of the
personnel office in a manner which reflects the parties' previous
respective financial contributions-
IN WITNESS WHEREOF, the parties have executed this agreement
by their duly authorized representatives on the day and year as
specified. THE cITY OF ASPEN
John S. Bennett, Mayor
~~ch,~city clerk THE coUNTY OF pITKIN THROUGH
THE BOARD OF coUNTY coMMIS-
sIONERS
chairperson
county Manager
To: ~eid Haughey,
Amy MargerUm, city Manager
From: Debe Nelson, pitkin county FinanCe Director
Dallas D. Everhart, city of Aspen FinanCe Director
Date: April 22, 1992
Re: payments between the city of Aspen and pitkin County
an agreements have been made by the city
..... =v. Historically, m Y _ - --~sionerS which have not been
~u~nd the Board of county
councl~ ~ involved parties in
docu/nented- When these agreementS~ involve money, the finance
departments find themselves in the middle of c~uses
order to facilitate payment to the other entity. This
frustration on the part of both departments and hinders our working
relationship and efficiency- We would like to promote that
relationship by bringing issues to management'S attention in order
to obtain your direction to resolve the issues. The first p~rt of
the memo discusses the agreements made between the finance
.department with respect to payments of joint department activities-
JOINT DEPARTMENTS
ch communications- The city
county administered joint departments include building inspection,
d dispat / . on' data
w enforcement reCOrds a~ ' ~ude planning and
1~ ...... ~ ~oint aepartm~nts l~j~ ~ ~,~ntv and City
processing, an~ env~=~-~,,
written agreeme~t~ta~%~m~lnd phones (serV~
Co Y
a separate memo. ' end. The CDunty
ar end actual to reflect actual year end activitY.
Ail jofnt activities are reconciled at ~ea~ approued budget and
ad~us~S th~ ~e_~__~d the activity based on the that each
The city wl±l ==~ following year. The fact
will adjust to actual in the ' .
entity is handling year end differently should not create a problem
as long as prior year reconciliations are communicated timely in
July (by the request of city Staff} of the following year.
~ ' - =-r shared department
vel Ail payments ~u .
-~-~-d bud~t aD ro~.~ =- ~ the BOCC and.ACC during
opera=%u~ .... royal proceSS- ~ne =~, _~thade~uate time for review
the bu~g~~ ~ ~m =nd ACC apprOVa~ w~
information ior Du~ = will present budgets to the BOC~ and
by staff. Joint Department~ n
ACC at a joint budget meetl g at which time the budget will be
1
" the budget presented a? the joint
from --.=~ ~n writing by the
approved- Any changes budget will be cernl~==
~meeting and the adopted
· tments- Changes made after the budgets have ~een
Finance Dep~ =~ ACC may ~ot be funded. The joint budgets will
of any
-~-wed by m~
· · anuary and the managers will be notified
be revlewe? in. J ~_~-,~v so that they may be resolved-
discrepancies in
2- ~a_~5~nents for shared deDartmen--D~ts The finance departments will
prepare po's t6--~ak~ monthly--p~ymentS for their share of the net
budget to the other entity, payments will be made by the 15th of
the month for 1/12th of the net budget for each department- The
adjusting or final payment will be made by July 15th of the
following year.
Each department or agreement will be
3. Inde endent de artmentSfor services
handled as a separate agreement aqd adjustments
rendered by either entity will not be netted against payment for
another service or year. · . be the responsibility of ~he
t olicies The budget policies of the control!lng entity
4. ~~lowed- It will ........ er the finance and
will usually u? ~ .... itor the buagetSf n~ Any problems
deuartment hea~S uu.~- also oversee the uuu~=~2~~ to the other
= artmentS w~z~ . ' be
budget dap ~-~in~ entlty will ~ = ~ =lloW supplemental
-~=d by the conu=u~ = .... is anticipaueu ~
entity as soon as the p
budget adjustments to occur on both accounting systemS- since the
county's policy alloWS more flexibility the following policies will
be used for county administered shared departments subject to
a raDh six.
par g ~_ ~_ _ ~n~, nroject not comp~ete~ in the
ud et carry forwar__q~ _~?~4~ budoet of at leaS= $1~000
current year which ~= next year. This policy does not
can be carried forward to the to operating savings.
allow budget adjustments due
b. N t_ zero ' udder ad'ustment6 - A department may find a new
revenue source to offset the 'cost of implementing a new
program. Expenditures may be increased equal to the new
revenue source up to $10,000 with city and County manager
approval- tment may exceed the budgeted
_ ~n~enditureS - A dep%~ '~4 000 in 1992 based ?n t~
~- ~ ..... to $10,uuu k~ ,
· . v~enditures ~x ~ . . ~ th~ increaseu
e~= ~ ~4t,~ funding) ~= U -~ county managers
notified.of these variances in advance, if possible.
transfer unrestricted budget
~ ~-~sferS ~ Section head~ may one ~program) department
~' ~ ...... ~an $25,000 i~om ~ ~out the ap~rov~
savings leSS_tl~nt under their contr~t L%~i funding source-
another depaiu~ ~ ~m~artments have Lne
~f the BoCC if Do .....
e. Transfers - Dep~tment heads may transfer.-~es~ tha~ .......
$10,000 (and upto $25,000 with section head approval) within
their department line items provided it. does not increase
future years operations.
5~. Revenues Revenues should also be monitored since they impact
the net amount due to/due from either entity. Revenue.shortfalLs ....
will cause the net subsidy to joint departments"to' increase~ 'The ........
city and County agree to increase the subsidy if the revenues fail
to meet budget but reserve the right to reduce expenditures during
the year to offset revenue shortfalls. Any anticipated revenue
shortfalls should be communicated to management as soon as possible
to consider reducing services or subsidies. Revenues in excess
of budget will be allocated using the same methodology as
shortages. ~
6. Budqet adjustments The budget policies and changes to joint
department budgets will be the responsibility of the entity that
does the accounting for' the joint department. Budget changes for
any joint departments must be approved by both the BOCC and ACC if
the change increases the net shared cost.
7. Procedures The Finance Departments will sign all worksheets
and procedures for allocation of revenues and expenditures for
shared departments and services provided.
APPROVED: /~
city Manager ~ ~/~~/~-~ date ~/'~/t~
County Manager ~ '/~~~ date ~!~f~
92pitcoagree
3