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HomeMy WebLinkAboutresolution.council.100-99 r', RESOLUTION #100 (Series of 199tp A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ,APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REGARDING THE APSEN/PITKIN COUNTY ENVIRONMENTAL DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, there has been submitted to the City Council an intergovernmental agreement between the City of Aspen, Board of County Commissioners of Pitkin County, Colorado, a copy of which agreement is annexed hereto and made a part thereof. 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 that r- intergovernmental agreement between the City of Aspen and the Board of County Commissioners, Colorado, regarding the Aspen/Pitkin County Environmental Department, 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 intergovernmental agreement on behalf of the City of Aspen. Dated: ~ J .111/ / Rachel E. Richard , 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 October 12,. ;~9. '. '. J~ ~ Koch, City Clerk ,r" MEMORANDUM VIe- ~ TO: Mayor and Council THRU: Amy Margerum, City Manager 'Y Julie Ann Woods, City Community Development Director. .h Lee Cassin, City Environmental Health Director d f c:.. FROM: DATE: October 19, 1999 RE: Environmental Health Department Intergovernmental Agreement SUMMARY: Attached is the proposed Intergovernmental Agreement for the Environmental Health Departments. It incorporates a number of changes from both the City and County to include wording agreeable to both. PREVIOUS COUNCIL ACTION: The City and County had separate Environmental Health Departments until 1980, and combined the departments at that time. Since January I, 1999, the City and County Environmental Health Departments have been operating separately, with separate budgets, separate personnel and directors, and separate tasks and supervision. o DISCUSSION: Since the Environmental Health departments split early this year, a number of efficiencies have been realized and we have been able to provide better services for Council in a number of areas. These include the requested compactor ordinance, wildlife protection ordinance, removal of fireplace fees, streamlining of permits involving fireplaces and asbestos, presentation of pro's and con's of water fluoridation, mag-chloride testing, and obtaining a permit for the snow dump site. The attached IGA has been agreed to by City and County staff and contains the details of the agreement. FINANCIAL IMPLICATIONS: The City is now paying 38% of the cost of the former department (based on labor costs) instead of 50%. TheCity has taken the savings created by that shift, and put the money aside for special environmental projects Council may request. These have included so far, Council's donation of $1 ,000 to CAST for a mag-chloride study, and $7,000 for hardship grants for wildlife protection containers. (None of the hardship grant money has been spent to date.) RECOMMENDATION: Staff recommends Council approve the attached IGA. ALTERNATIVES: Council could amend the proposed IGA. PROPOSED MOTION: "I move to approve Resolution # . . . adopting the proposed Intergovernmental Agreement for the City and County Environmental Health Departments." o CITY MANAGER COMMENTS: ~ INTERGOVERNMENTAL AGREEMENT CITY OF ASPEN & PITKIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENTS THIS INTERGOVERNMENTAL AGREEMENT ("Agreement"), is made and entered into this day.of , 1999, by and between the City of Aspen, a home-rule municipal corporation ("City") and the Board of County Commissioners for Pitkin County, Colorado, a body corporate and politic ("County"). WITNESSETH WHEREAS, the parties entered into a Joint Agreement in 1984 for the creation of a joint "Aspen/Pitkin County Environmental Department" responsible for all State mandated inspection programs and local programs requiring local inspections; and WHEREAS, the parties desire to split the Joint Aspen/Pitkin County Environmental Health Department into separate City and County departments; and WHEREAS, the parties intend that this Agreement supercede and replace in its entirety the 1984 Joint Agreement; and ~ WHEREAS, the parties intend that this Agreement set forth the understanding of the parties for the continued cooperative functions of the separate City and County Environmental Health Departments, to improve economic efficiency, staff productivity, and overall level of services provided by the separate departments; and WHEREAS, the parties to this Agreement have the authority pursuant to Article XlV, Section 10, of the Colorado Constitution and Section 29-1-201, et seq., of the Colorado Revised Statutes to enter into governmental agreements for the purpose of providing any service or performing any function which they can perform individually. 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: I. PURPOSE 1. This Intergovernmental Agreement is designed and intended to: .~ . Facilitate clear communication and efficient environmental health services among the . staff of the separate City and County Environmental Health Departments; . Establish and clarify the duties and responsibilities of the separate City and County Environmental Health Departments as they endeavor to work cooperatively in serving their customers; and ~ . Establish and clarify financial responsibilities of the separate City and County Environmental Health Departments in accordance with the terms and conditions set forth below. 2. One of the main purposes of this Intergovernmental Agreement is to create a working environment for aU personnel of the separate City and County Environmental Health Departments which is conducive for harmonious, cohesive and economically efficient provision of services to public and other departments of the City and County. II. CREATION OF DEPARTMENTS 3. The City and County hereby agree to create, fund, staff, and operate within their respective organizations separate departments of environmental health. 4. The aforementioned 1984 Joint Agreement which established the Joint Aspen/Pitkin County Environmental Health Department is hereby superceded in its entirety by this Agreement. III. PERSONNEL 5. The City Manager and County Manager may assign existing employees as either City or County employees for payroll purposes. !~ a. Al1current personnel of the Environmental Health Department who remain with the City shall be assigned as City employees; all current personnel of the Environmental Health Department who are assigned to the County Department will be assigned as a City employee until Tom Dunlop (the director of the County Department) retires. Once Tom Dunlop retires, aU existing and future employees shall become employees of either the City or County depending entirely upon whether they are assigned to work in the City or County Environmental Health Department. Personnel placed on either the City or County payroU system shall for benefit purposes be considered employees of that particular governmental entity, fol1ow the personnel policies and procedures, receive the personnel benefits, and shaU be evaluated in accordance with their effective governmental entity's personnel system. b. Regarding liability, the City, within its legal ability to do so under the Constitution of the State of Colorado and its home rule charter, agrees, to the fuU extent permitted by law, to indemnify and save harmless the County, its officers ano employees, from aU suits, actions or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of or because of any act or omission, neglect, or misconduct of any County employee assigned to the City Environmental Health Department engaged in the performance of his/her duties on behalf of the City. I""""' 2 o c. Regarding liability, the County, within its legal ability tddo so under the Constitution of the State of Colorado and its home rule charter, agrees, to the fun extent permitted by law, to indemnify and save harmless the City, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of or because of any act or omission, neglect, or misconduct of any City employee assigned to the County Environmental Health Department engaged in the performance of his/her duties on behalf of the County. d. Neither the City nor the County waive the defenses or limitations on damages provided for and pursuant to the Colorado Governmental Immunity Act (Sec. 24-10-101 et seq. C.R.S.), the Colorado Constitution, their respective home rule charters or under the common law or'the laws of the United States or the State of Colorado. ~ .. e. It is expressly acknowledged and understood by the parties ,that nothing contained in this agreement shan result in, pr be construed as establishing an employment relationship not intended by the express terms of this agreement. Personnel identified as County employees shall be for an purposes County employees. Personnel identified as City employees shan be for a11 purposes City employees. It is anticipated that Department employees may be assigned to work on projects and activities for both political entities and may be required to report to personnel employed by each entity. Nothing contained in this agreement .sha11 be construed to make such sharing arrangements evidence of an employee/employer relationship other than the ones specifica11y set forth herein. No agent, employee, or servant of one party shaH be, or shaH be deemed to be, the employee, agent or servant of the other party. Each party to this agreement shall be solely and entirely responsible for its acts and for the acts of its agents, employees, servants and subcontractors during the performance of this agreement. IV. FINANCIAL CONSIDERATIONS 6. Annual Program and Financial Bud~et. The City and County shan annuaHy adopt as part of their individual fiscal year budgets annual budgets for their individual Environmental Health Departments. The budgets shall be prepared by the Directors in consideration with the City and County Managers prior to their submission to the City Council and Board of County Commissioners for approval. The annual budgets shall consist of a breakdown of a11 expenditures allocated by City ,and County for each Department and a breakdown of aH revenues received and allocated by City and County for each Department. a. It is currently anticipated that the County Department will continue to perform the Superfund program tasks and the City Department will continue to perform the air quality public education tasks. o 3 ~,'- ~' /"'. 7. Departmental Expenses and Revenues. The Parties recognize that because of the sharing of space, staff and resources and because of the anticipated continued cooperation between the separated Environmental Health Departments, the following general rules for the allocation of expenses and revenues shall apply: a. All costs that can be directly attributable to the City shall be charged to the City and those directly attributable to the County charged to the County. b. Revenues that can be directly attributable to the City shall be credited to the City and those -attributable to the County shall be credited to the County. c. Costs and revenues that cannot be attributable to either the City or County shall be charged or credited to each entity in the proportion that the entity's direct labor costs bear to the total direct costs. d. On or before the 15th of May of each calendar year, the actual net cost of each Department shall be determined by the City and County Finance Directors and fmal reimbursement shall be settled and transacted. e. All records and accounting methods shall be in accordance with the Memorandum of Understanding between the City and County regarding administrative procedures for the operation of Joint City/County Departments. V. AUTOMATIC RENEWAL AND TERMINATION 8. This agreement shall be automatically renewed annually at the time of the official adoption of the budgets of the City and County. 9. Both the City and County may withdraw from this agreement at any time upon written notification to the other one hundred eighty (180) days in advance of the date upon which they intend to withdraw. 4 r-\ r---, , . o , ATTEST: Approved as to Form: City Attorney ATTEST: Approved as to Form: County Attorney EAA-IO/12/9g.Q;\contract\agr\IGA..environmental health depl.dOC CITY OF ASPEN, COLORADO By: BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF PITKIN By: 5