Loading...
HomeMy WebLinkAboutresolution.council.003-17C ONTRACT l- 2"- 90/1 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ("BOCC") OF PITKIN COUNTY, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN PITKIN COUNTY ("PITKIN") AND THE CITY OF ASPEN ("CITY") AND TERMINATING ANY PRIOR INTERGOVERNMENTAL AGREEMENT(S) REGARDING JOINT OPERATIONS OF THEIR RESPECTIVE COMMUNITY DEVELOPMENT DEPARTMENTS RESOLUTION NO. 1Z / -2017 RECITALS: Pursuant to Title 29, Article 1, part 2, Colorado Revised Statutes, as amended (the "Intergovernmental Relations Statutes") and Article XIV, Section 18 of the Colorado Constitution, governments may contract with one another to provide any function. service or facility lawfully authorized to each of the contracting units and any such contract may provide for the joint exercise of the function, service or facility, including the establishment of a separate legal entity to do so. 2. Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter ("HRC") official action by formal resolution shall be required for all actions of the Board not requiring ordinance power on matters of significant importance affecting citizens. 3. Pitkin County ("Pitkin") and the City of Aspen ("City") wish to enter into an Intergovernmental Agreement ("IGA") for the purposes of outlining services of the City and County Community Development Departments as follows: • Improve the economic efficiency, staff productivity, and overall services of the individual Community Development Departments of the City and County • Facilitate clear communication and efficient planning and building functions among all staff assigned to the City and County Community Development Departments • Strive for uniform interpretation and implementation of laws, rules and regulations of the City and County when appropriate and feasible • Facilitate the Building Departments' joint long range goals; and 4. Pitkin and the City intend that the staff member of each Community Development Department shall continue to cooperate with each other to implement policies and procedures that shall advance the purposes in the IGA; and 1 5. Both Pitkin and City are governments authorized to enter into an IGA pursuant to C.R.S. § 29-1-203 for purposes including the provision of any function, service, or facility lawfully authorized to each; and 6. The BOCC finds that it is in the best interest of the citizens of Pitkin and the City to enter into this IGA. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that: Pitkin County is authorized to enter into an IGA with the City of Aspen in substantially the same form satisfactory to the County Attorney, and further authorizes termination of any prior IGA's regarding the joint operation of the County and City Community Development Departments, and further, authorizes the Chair or its designee, to sign the resolution and the agreement on behalf of the County. 2 INTRODUCED AND FIRST READ ON THE DAY OF U5 , 2017 AND Sq FOR SECOND READING AND PUBLIC HEARING ON T j3f DAY OF v !/5 2017. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF TIE RESO UTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 17L DAY OF v v� � , 2017. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON HE OFFICIAL P TKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE / DAY OF 2017. ADOPTED ffTER FINAL READING AND PUBLIC HEARING ON THE DAY OF U S 2017. PUBLISHED BY TITLE AND SHORT SUMMARY, TE ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF , 2017. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAPITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE �-LAY OF 2017. n APPROVED AS TO FORM: J016E1y,Goviii—yAttorney BOARD OF COUNTY COMMISSIONERS By: (� hf"^1- c4n) L� George Newman, dLr Date: Oe- d5- 0 - MANAGER APPROVAL ro�nPeai50--ck,>C'ounty Manager CONTRACT # �� �/ I INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY AND THE CITY OF ASPEN REGARDING THE DISPOSITION OF THE MUTUAL COVERAGE SERVICES AND COSTS BETWEEN THE COMMUNITY DEVELOPMENT DEPARTMENTS PARTIES THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this day of 201 by and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN CO Y (hereinafter referred to as "County"), and the CITY OF ASPEN (hereinafter referred to as "City"). RECITAI,S 1. This Agreement is entered into pursuant to, inler alfa, C.R.S. §§ 29-1-201, et seg, and Article XIV, Section 18 of the Colorado Constitution. AGREEMENT 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. Termination of Prior Intergovernmental Agreement. The parties hereto terminate any prior Intergovernmental Agreement regarding the joint operations of their respective Community Development Departments. 2. • Purpose. The purpose of this Agreement is to continue to provide the best customer service to the public of both the City and County Community Development Departments. This Intergovernmental Agreement is designed and intended to: • Improve the economic efficiency, staff productivity, and overall services of the individual Community Development Departments of the City and County. • Facilitate clear communication and efficient planning and building functions among all staff assigned to the City and County Community Development Departments. • Strive for uniform interpretation and implementation of laws, rules and regulations of the City and County when appropriate and feasible. • Facilitate the Building Departments' joint long range goals. The parties hereto intend that the staff members of each Community Development Department shall continue to cooperate with each other to implement policies and procedures that shall advance the purposes set forth above. CitylCounty ComDev iGA - Page 1 I City and County Cooperative Efforts. It is the intent of the parties hereto to continue to create a working environment for all personnel of the individual City and County Community Development Departments which is conducive for harmonious, cohesive and unified team work whenever practical for the provision of services to the public and other departments of the City and County. Accordingly, the parties agree to continue to work cooperatively in the provisions of services by the individual Community Development Departments and specifically agree to cooperate and coordinate in the following areas of joint interest: A. Building Codes. The Chief Building Officials may co-author Building Code and Building Code -related adoptions and amendments when appropriate and feasible. This is intended to serve the contractor and design community by helping the plan review and field inspection process to be as consistent between the City and County as possible. The City and County shall strive to coordinate the timing of building code and building code -related change adoptions so that the effective dates are as concurrent as possible. B. Contractor Licensing Program. The City shall perform the contractor licensing and BEST card certification functions for both the City and County. The County shall require that all of its contractors have a City -issued license/BEST card. The City will provide the County with updated licensing/certification information on a daily basis, as appropriate. The City shall retain all revenues for licensing/certification and be responsible for all expenses associated with the cost of performing said services. Both City and County Chief Building Officials shall retain their right to revoke a contractor's license or to initiate a show cause hearing for license review. C. Office Space. The City shall provide office space, at no charge, to the County Community Development Department on the third floor of City Hall in the current amount and general configuration on the condition that microwaving fish sticks is strictly prohibited. Each party shall maintain one or more conference rooms within their respective space. Conference rooms may be used by either party as needed and according to administrative policies for reserving the rooms. Overflow office needs shall be the responsibility of and direct costs to the individual party. The City shall pay for general upkeep and maintenance of the third floor office space. Costs for office furniture shall be the direct responsibility of the individual party unless otherwise agreed to by the Department Directors. D. Office hours. The third floor of City Hall shall be open to the public during the hours of 8 AM to 4:30 PM Monday through Friday, except holidays. Each jurisdiction can set internal hours of availability for services, but recognizes 8 AM to 4:30 PM Monday through Friday as the hours the public can access the department by the front door and elevator. City/County ComDev IGA - Page 2 4. Financial Reconciliation. Any expenses that will cause an unforeseen financial burden or incur a cost impact on the 1GA participants must be agreed upon and receive prior written approval to proceed from both Community Development Directors. 5. Effective Date, Annual Renewal, and Termination of this Agreement. This agreement shall become effective on the above -stated date. It is agreed that both jurisdictions shall re-evaluate the terms of this agreement at the end of each calendar year to determine whether or not changes need to be made. This agreement shall automatically be renewed, if changes are not made, for successive one-year periods thereafter. Either party hereto may terminate all or part of this agreement with ninety (90) days written notice. 6. Assignability. This agreement is not assignable by either party. 7. Modification. This Agreement may be changed or modified only in writing by an agreement approved by the respective Boards of the Governments and signed by authorized officers of each party. 8. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and all other promises and agreements relating to the subject of this Agreement, whether oral or written, are merged herein. 9. Severability. Should any one or more sections or provisions of this Agreement be judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or invalidate the remaining provisions of this Agreement, the intention being that the various sections and provisions hereof are severable. 10. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be hand -delivered or sent by registered or certified regular mail, postage pre -paid and via e-mail (electronic delivery) to the mailing and e-mail addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To: Board of County Commissioners c/o Brian Pawl Pitkin County Community Development Department 130 S. Galena Street Aspen, CO 81611 With Copies to: Pitkin County Attorney's Office 123 Emma Road, Suite 204 Basalt, CO 81621 attorney@pitkincounty.com With Copies to: City of Aspen Attorney's Office 130 S. Galena Street Aspen, CO -81611 City of Aspen, Colorado jim.true@cityofaspen.com c/o City Manager 130 S. Galena Street City/County ComDev lGA -Page 3 Aspen, Colorado 81611 Steve. barwick(@,cityofaspen.com H. Government Immunity. The parties agree and understand that both parties are relying on and do not waive, by any provisions of this Agreement, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended or otherwise available to the parties or any of their officers, agents, or employees. 12. Current Year Obligations._ The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of the parties. The parties' obligations under this Agreement are subject to each individual party's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provision of this Agreement shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of either or both parties within the meaning of any constitutional or statutory debt limitation. This Agreement shall not be construed to pledge or create a lien on any class or source of either parties' bonds or any obligations payable from any class or source of each individual party's money. 13. Binding Rights and Obligations._ The rights and obligations of the parties under this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 14. Agreement made in Colorado. This Agreement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Court in and for Pitkin County, Colorado. 15. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the substantially prevailing parry, whether by final judgment or out of court settlement, shall recover from the other party all costs and expenses of such action or suit including reasonable attorney's fees. 16. No Waiver. The waiver by any party to this Agreement of any term or condition of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. The foregoing Agreement is approved by the Board of County Commissioners of Pitkin County, Colorado at its regular meeting held on the day of 2017. The foregoing Agreement is approved by the City of Aspen, City Council at its regular meeting held on the ^_ day of 2017. City/County ComDev !GA - Page 4 CITY Steven•Skadr4n, Mayor Manager Approval: By: V, Steve Barwick, City Manager BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: Chair Manager Approval: By. Jon Pea c ; County Manager APPROVED AS TO FORM: V � ames R. True, City of Aspen Attorney City/County ComDev IGA - Page 6 RESOLUTION 3 (Series of 2017) A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REGARDING BUILDING SERVICES OF THE CITY AND COUNTY COMMUNITY DEVELOPMENT DEPARTMENTS. 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 regarding building services of the City and County Community Development Departments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the City Council of the City of Aspen hereby approves the Intergovernmental Agreement with the Pitkin County Board of County Commissioners regarding building services of the City and County Community Development Departments, in the form attached hereto, and does hereby authorize the Mayor and the City Manager of the City of Aspen to execute said agreement on behalf of the City of Aspen upon final approval by the Community Development Director, City Manager, and City Attorney. Dated: zzs�a,9��- 1, Linda Manning, 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 January 9, 2017. Linda Manning, City Clerk Attachments A — Intergovernmental Agreement with Pitkin County BOCC