The URL can be used to link to this page

Home My WebLink Aboutresolution.council.099-17 RESOLUTION #99 (Series of 2017) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND PITKIN COUNTY 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 for the management and monitoring of county- owned parking lots at Buttermilk between the City of Aspen and Pitkin County, 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 that Intergovernmental Agreement for the management and monitoring of county- owned parking lots at Buttermilk between the City of Aspen and Pitkin County 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 ADOPTE7bth ity Council of the City of Aspen on the 10`" day of July 2017. Steven kadro , Mayor I, 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 July 10, 2017. ) A 8 Linda Manning, City Clerk INTERGOVERNMENTAL AGREEMENT FOR MANAGEMENT AND MONITORING OF COUNTY-OWNED PARKING LOTS AT BUTTERMILK BETWEEN THE CITY OF ASPEN AND PITKIN COUNTY THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this day of 2017 by the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO("Pitkin"),whose address is 123 Emma Road,Suite 106,Basalt, Colorado 81621 and the CITY OF ASPEN, COLORADO ("Aspen"), whose address is 130 South Galena Street Aspen, Colorado 81611. Pitkin and Aspen may be referred to herein collectively as the "Parties." RECITALS 1. This Agreement is entered into pursuant to, inter alfa, C.R.S. § 29-1-201, et seg., and Article XIV, Section 18 of the Colorado Constitution. AGREEMENT NOW, THEREFORE, inconsideration of the mutual promises and agreements of the parties and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 2. Term. The term of this Agreement is from June 2017 to June 2018 and will automatically renew annual for five years. 3. Aspen's Agreement to Manage and Monitor Buttermilk Parking Lots. Aspen agrees to manage and monitor.the County owned parking lots at Buttermilk ski area. Such management and monitoring shall include the following obligations: Assist Pitkin with informational parking signs, lot delineation and meter, installation by providing at least two parking meters for lot`B"(see Exhibit A) and determining the best location for meters, language on signs and lot delineation placement. Aspen will also provide the application for customers to pay by phone. Repair parking meters as needed. Issue parking permits for commercial/construction staging lot "C" as outlined in the . Buttermilk Parking Management Plan (Exhibit `B"). Monitor and ensure compliance with issued parking permits and ensure no offensive activities occur as a result of issued commercial/construction parking permits. Allocate 50 percent of a parking attendant for eight months (April through November) to monitor and manage the county-owned Buttermilk parking areas as outlined in Exhibit A. Ticket and tow (remove) unlawfully parked cars, equipment and materials as needed to comply with the Buttermilk Parking Management Plan. Parking area monitoring shall occur on a daily basis. Share 50 percent of parking meter and parking permit revenue with the Pitkin. Allocate 100 percent of parking ticket revenue with Pitkin. Provide revenue sharing payments to Pitkin every 30 days. Provide monthly reports on parking utilization and meet with Pitkin representatives as needed to effectively manage the parking areas. Make recommendations for changes to the parking plan and participate in implementing the changes. Coordinate with Pitkin on authorizing special event use of lot`B"by assisting to delineate parking areas reserved (and pre-paid) by special event organization. 4. Pitkin's Obligations. As a condition of this agreement, Pitkin shall have the following obligations: Install parking meters provided by Aspen. Create and place parking signs as determined through collaboration with Aspen. Delineate parking lots as outlined in Exhibit A and determined most effective through collaboration with Aspen. Provide funding to Aspen for 50 percent of the salary plus benefit cost of a parking attendant for eight months of parking monitoring and management needs (April through November). Submit payments for salary plus benefit cost(50%)of attendant every 30 days. Share 50 percent of parking meter and parking permit revenue with Aspen. Meet regularly as needed with Aspen on parking management. Evaluate parking plan success and collaborate with Aspen on parking changes; implement agreed to changes. Coordinate with Aspen on authorizing special event use of lot`B"by assisting to delineate parking areas reserved (and pre-paid) by special event organization 5. Assignability. his agreement is not assignable by either party. 6. 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. 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. 7. 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. 8. Notice. 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 to the addresses of the parties as follows. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall also be deemed sufficient and considered delivered upon receipt of confirmation of delivery on the part of the sender. 14. 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 Agreem nt is approved by the City of Aspen,Colorado at its regular meeting held on the�day of �lA�u 2017. In Witness whereof, the parties hereto have caused this agreement to be executed as of the day and year first above written. City of Aspen i By: Attest: Ste en Ska ron, Mayor 1 UNA c Linda Manning, City Clerk APPROVED AS TO FORM: PITKIN COUNTY ATTEST: BY: Jeanette Jones, Deputy County Clerk George Newman, Chair To: Pitkin County With copies to: Brian Pettet Director of Public Works Pitkin County Attorney's Office 76 Service Center Road 123 Emma Road #204 Aspen, CO 81623 Basalt, Colorado 81621 Brian.pettetO,Pitkincounty.com Mitch Osur With copy to: Parking Director City of Aspen Attorney's Office 455 Rio Grande Place 130 South Galena Aspen, CO 81611 Aspen, CO 81611 9. 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. The Parties agree to hold each other harmless for any loss, damages, expense, cost or claims of any character or any nature arising out of Buttermilk parking management as contemplated in this agreement. 10. 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. 11. BindingRiahts 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. 12. 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. Each party to this Agreement shall have standing to bring an action to enforce the terms of this Agreement in District Court, including an action for specific performance and injunctive relief. 13. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the substantially prevailing party, 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. APPROVED AS TO FORM: John Ely, County Attorney Jon Peacock, County Manager