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Home My WebLink Aboutresolution.council.036-04 RESOLUTION NO. 36 Series of 2004 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF ASPEN, AN AGREEMENT BETWEEN THE CITY OF ASPEN, AND PITKIN COUNTY FOR THE JOINT COMMITMENT TO THE CONTINU'ED OPERATION OF PROVIDING SERVICES TO SENIORS OF THE PITKIN COUNTY WHEREAS, there has been submitted to the City Council a proposed Intergovernmental Agreement between the City of Aspen and Pitkin County, Colorado for the joint commitment to provide continued services and programs to the seniors of Aspen and Pitkin County through the department of Senior Services; and WHEREAS, after due deliberation and consideration the City Council has determined that it is in the best interest of the City of Aspen to approve said agreement and authorize the City Manager to execute same on behalf of the City of Aspen. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that the City manager is hereby authorized to execute on behalf of the City of Aspen the Agreement appended hereto as Exhibit A. Dated: 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 TLO- saved: 4/14/2004o239-G:\john\word~resosXsenior services.doc . INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF ASPEN, COLORADO AND PITKIN COUNTY, COLORADO This agreement is entered into this ~-~vz~ day of ('~O~ , 2004, by and between the CITY OF ASPEN, COLORADO, hereafter referred to as "City," and PITKIN COUNTY, COLORADO, hereafter referred to as "County." WHEREAS, the County has provided services and programs to the seniors of Aspen and Pitkin County through the department of Senior Services since 1972; and WHEREAS, the senior population of the City and County is growing at a rate exceeding that of the general population, a trend expected to continue until at least 2030; and WHEREAS, seniors are living longer than ever before in greater numbers, creating the need for new and expanded services, especially to older, frail seniors; and WHEREAS, the City has provided supplemental grants to Pitkin County Senior Services annually for over 20 years for the purpose of providing services to seniors; and WHEREAS, the City has provided additional property tax relief to qualified senior residents of the City through the department of Senior Services, for 13 years; and WHEREAS, it is in the best interests of the residents of Aspen and Pitkin County to serve the needs of seniors, and the intention of the City and County to continue their commitment to seniors; NOW, THEREFORE, f°r and in consideration of the mutual commitment set forth, the City and County agree as follows: TERM The initial term of this Agreement shall be for one year, from March 22, 2004 through December 31, 2004. The Agreement shall automatically renew for succeeding January 1 to December 31 one-year periods upon City Council budgetary approval of annual funding, requested in writing by Pitkin County Senior Services. Pitkin County Senior Services shall provide said written.request no later than October 1 of each year for the succeeding contract term. Such notice shall be delivered to City of Aspen at the following address: Aspen City Manager 130 South Galena Street Aspen, CO 81611 And to: Pitkin County Manager 530 East Main Street Aspen, CO 81611 Section I. 1. City of Aspen Shall: City of Aspen agrees to pay to Pitkin County Senior Services the base 2003 grant amount of $24,112, plus any cost of living increase allowed by the City for succeeding budget cycles upon Council approval of Pitkin County Senior Services annual request (submitted by October 1) subject to budgetary appropriations. City of Aspen agrees to continue their commitment to the annual Low Income Senior Tax Relief Program, as defined in City of Aspen Ordinance No. 1 (Series of 1991). Section II. Pitkin County Shall: Pitkin County will continue to provide a Senior Services department, whose current mission is, "To provide services and programs that enable seniors to remain as independent as possible within our community and to maintain a quality of life consistent with their personal abilities and expectations." Pitkin County Senior Services agrees to continue to provide appropriate services and programs to seniors, which may include, but are not limited to: a. Transportation b. Nutrition c. Outreach, Information and Referral d. Social, Recreational, Cultural, Educational e. Fitness and Wellness f. Volunteers g. Home and Long-Term Care Counseling h. Tax Relief i. Advocacy o Pitkin County Senior Services agrees to continue to identify, and work to develop resources to address, evolving needs of the senior population in the City and County. Section III. General Provisions: 1. Withdrawal from Agreement. An entity can withdraw from this IGA at any time subject to that government's individual terms and conditions. 2. Agreement not Assignable. This agreement is not assignable by any party. 3. Modifications. This Agreement may be changed or modified only in writing by an agreement approved by the respective Boards of the Governments, signed by authorized officers of each party, This Agreement constitutes the entire Agreement between the governments'and all other promises and agreements relating to the subject of this Agreement, whether oral or written, are merged herein. 4. Severable Provisions. 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. 5. 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 governments set forth above, or at such other address as a party may advise in writing to other parties. 6. Governmental Immunity. The governments agree and understand that all 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. 7. Budget. The parties acknowledge and agree that any payments provided for hereunder or requirements for futur6 appropriations shall constitute only currently budgeted expenditures of the governments. The governments obligations under this Agreement are subject to each individual party's annual budget and appropriation of 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 any party 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 the parties' bonds or any obligations payable from any class or source of each individual party's money. 8. Enforcement. 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. ATTEST: 3 City of Aspen Approval. The forgoing Agree~.elnt_is, ap~pr..,oved by the City of Aspen at its regular meeting held on the / ~ day of ~ ,200~; Re~o~ \ ~l~Tiay~ ~ ,, ~ty Attorney City Manager County Approval- The foregoing Agreement is approved by the Board of County Commishion. ers of Pitkin County, Colorado at its regular meeting held on the c3-.'"1 day of ~ff-)~ , 20014 Resolution lq ta --,O d( ' By:~ Chair BOARD OF COUNTY COMMISSIONERSAPPROVED AS TO FORM OF PITKIN COUNTY, COLORADO A RESOLUTION OF THE COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH ~FHE CITY OF ASPEN FOR TIlE JOINT COMMITMENT TO PROVIDE CONTINUED SERVICES AND PROGRAMS TO SEN[ORS OF ASPEN AND PITKIN COUNTY RESOLUTION #/~/~ -04 RECITALS l. Pitkin County Senior Services has p~'ovided services and programs to seniors of Aspen and Pitkin County since 1972, and; 2. The City of Aspen has provided supplemental grants to Pitkin County Senior Services annually for over 20 years for the purpose of providing services to seniors, and; 3. The City of Aspen has provided additional property tax relief to qualified senior residents of the City through the department of Senior Services, for 13 years, and; In 2002 and 2003 the Pitkin County Citizen Grant Review Committee recommended that Senior Services be taken out of the grant process and that an Intergovernmental Agreement define the City of Aspen contribution. The Citizen Grant Review Committee reasoned that Senior Services governmental status requires and guarantees a different level of accountability and therefore it was not necessary or prudent for them to review the request along with the other non-profit entities. o It is in the best interests of the residents of the City of Aspen and Pitkin County to serve the needs of seniors, and the intention of the City and County to continue their commitment to seniors; o- The City of Aspen has agreed to take Senior Service out of the grant process and make an annual commitment by creating a Senior Services line item'thereby allowing the Senior Services Director time to focus on delivery of service; NOW THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Pitkin County, Colorado as follows: The Board approves the execution of the Intergovernmental Agreement with the City of Aspen concerning the on-going ~'unding of Pitkin County Senior Services, which: 1.) Authorizes the City of Aspen expenditure of $24,112, plus any cost of living increase allowed by the City of Aspen for succeeding budget cycles upon City Council approval of Pitkin County Senior Services annual request (submitted by October 1) subject u) budgetary appropriations. 2. } City of Aspen agrees ro continue their commitment to the annual Low hmome Senior Tax Relief Program, as defined in City 0f Aspen Ol'dinance No. 1 (Series of 19913. INTRODUCED, FIRST READ, AND SErF FOR PUBLIC HEARING ON TIlE DAY OF OCTOBER, 2004. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON T44E A5~ -/~., ,2004. APPROVED AT SECOND,READING AND PUBLIC HEARING ON THE I~... ~'~ 2004. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON T4t4~ ff.- ~ ,2004. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Dorothea Farris, Chair APPROVED AS TO FORM: Co~torney Nan Sundeen~ ' D~rector Pitkin County Health and Human Services ~ iollal ~1 tYy~ taCnhae;e rS m i t h 2