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HomeMy WebLinkAboutagenda.council.regular.202202221 AGENDA CITY COUNCIL REGULAR MEETING February 22, 2022 5:00 PM, City Council Chambers 427 Rio Grande Place WEBEX www.webex.com Enter Meeting Number: 2555 390 8539 Password: 81611 Click “Join Meeting” OR Join by phone Call: 1-720-650-7664 Meeting number (access code): 2555 390 8539 I.CALL TO ORDER II.ROLL CALL III.SCHEDULED PUBLIC APPEARANCES IV.CITIZENS COMMENTS & PETITIONS (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) V.SPECIAL ORDERS OF THE DAY a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports VI.CONSENT CALENDAR (These matters may be adopted together by a single motion) VIA.Resolution #016, Series of 2022 - Concrete Replacement and Pedestrian Improvements Project Contract Approval VIB.Resolution #019, Series of 2022 - Solid Waste and Recycling Contract 1 2 VIC.Resolution #020 Series 2022 - Contract for Interpretive Exhibit Fabrication and Mobile Website Production for Rio Grande Park VID.Resolution #022, Series of 2022 - Detox IGA VIE.Resolution #023, Series of 2022 - Policy Resolution on City Buildings VIF.Resolution #025, Series of 2022 - Pitkin County IGA for Armory VIG.Resolution #026, Series of 2022 - Kids First Childcare Nurse Consultant Contract VIH.Resolution #030, Series of 2022 - Termination of Emergency Declaration VII.Draft Minutes of February 8th, 2022 VII.NOTICE OF CALL-UP VIII.FIRST READING OF ORDINANCES IX.PUBLIC HEARINGS X.ACTION ITEMS XA.Proposal to Create a Regional Housing Coalition Letter of Intent/Invitation to Participate XB.Resolution #021, Series of 2022 – Policy Resolution Building IQ XI.EXECUTIVE SESSION Executive Session: Pursuant to C.R.S. Section 24-6-402 (4)(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; (4)(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. (4)(e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. The specific items of discussion involve the following: The Centennial Owners’ Association, v. The City of Aspen, et al. Case No.: 2015CV030158. The lease, transfer or acquisition of real property or property interests, contract negotiations, and communication with counsel regarding such subjects. Due to market forces, negotiation strategies and confidentiality demands of parties involved, and necessitated by the subject of 2 3 the specific legal advice, which further disclosure would be a detriment to the City’s strategic position, the exact properties cannot be disclosed. XII.ADJOURNMENT 3 MEMORANDUM TO:Mayor and Council FROM:Jack Danneberg, PE, Project Manager III Mike Horvath, PE, Senior Project Manager Pete Rice, PE, Division Manager Michael Tunte, Landscape Architect & Construction Manager THROUGH:Matt Kuhn, Parks Director Trish Aragon, PE, City Engineer DATE of MEMO:February 15th, 2022 MEETING DATE:February 22nd, 2022 RE:Concrete Replacement and Pedestrian Improvement Projects (Resolution #016, Series of 2022) REQUEST OF COUNCIL: Staff recommends Council approve the Concrete Replacement and Pedestrian Improvements Projects contract with Excavation Services, Inc. in the amount of $838,098.75 and other related costs of $119,354 for related Engineering expenditures and $120,444 for related Parks expenditures. BACKGROUND: Concrete replacement is an annual city-wide multi-department series of projects with sidewalk, trails, ADA and concrete infrastructure repairs and improvements combined into one project to decrease city costs, maximize scheduling efficiencies, and increase interest from the local construction industry. These capital improvements are part of an ongoing safety enhancement plan with the goal to develop and maintain safer pedestrian corridors and drainage protection in Aspen. Last year this project installed over 300 ft of sidewalk, 4 ADA ramps, 500 ft of trails, 150 ft of curb and gutter, upgraded one bus stop and repaired two stormwater inlets. This year the Concrete Replacement and Pedestrian Improvements Project will focus on improving pedestrian safety and maintaining critical infrastructure. Projects this year include pedestrian improvements at the intersection of Cooper Ave. and Spring St., and Monarch Street pedestrian improvements related to the development of Dolinsek Gardens pedestrian improvements. These are City of Aspen infrastructure projects located in the Right of way. These projects have been individually vetted and funded through the annual finance funding process. They are being combined in this contract but have separate funding sources which will be outlined in the funding section. 4 Cooper Ave. and Spring St. Pedestrian Improvements: This intersection has the second most accidents in all of town. After research, consultant analysis and living lab implementation,Council directed the installation of curb extensions at all four corners of this intersection. Data collected during the living lab showed a 23% decrease in close calls between pedestrians and vehicles. The improvements also resulted in a 14% increase in vehicle stop sign compliance. This project will extend the pedestrian walking surface to decrease the distance a pedestrian must walk in traffic. Curb extensions increase the visibility of pedestrians and improves driver compliance with stop signs and cross walks. Stop signs will be installed on Spring St. Making this a 4-way stop intersection to combat the confusion of who has the right of way. This project will create a safer and more predictable experience for all users. Figure 1: Spring and Cooper Pedestrian Improvements Living Lab Dolinsek Gardens Monarch Street Improvements: A cornerstone of the parks and open space network for the Lift One Corridor is the Dolinsek Gardens which has been designed by the City of Aspen Parks and Open Space Department to ensure the goals and desires of the Dolinsek Family are realized, as articulated by Josephine Dolinsek’s vision. A public park on the property will contribute to the scenic character of the area and enhance the open space qualities of the neighboring Willoughby and Lift 1 parks as well as the Aspen Mountain Ski Area. 5 Redevelopment of the site into a park requires pedestrian improvements in the Monarch Street right of way including a sidewalk and mid-block crossing. This project construction will be managed by the Parks and Open Space Department. General Concrete Replacement: An overarching goal of this project is to maintain and repair degraded or damaged City infrastructure as quickly as possible, to reduce more costly capital expenditures, interruptions of service, and extended community impacts. Therefore, the General Concrete Replacement line item has been included to address issues that arise throughout the construction season that need immediate action. For example, in 2021 this project repaired a stormwater inlet on the southwest corner of Galena St. and Durant Ave. that had angle iron protruding causing a safety issue and damaging vehicles. By anticipating and including these smaller, emergent needs, the City benefits by securing reduced item or unit costs, reduced mobilization costs, and gaining economies of scale through the inclusion of this portion of the contract. DISCUSSION:The Concrete Replacement and Pedestrian Improvement Projects was advertised for bid on November 5th, 2021. Three (3) bids were received and opened on January 13 th, 2022. Bids were received from three (3) Contractors as summarized below: Excavation Services, Inc.$2,008,881.25 Gould Construction, Inc.$2,078,198.00 Stutzman Gerbaz, Inc. $2,699,647.57 Bids were evaluated based on ability, time, integrity, quality of past projects, affirmative action, and price. Excavation Services, Inc. was identified by staff as the most qualified bidder. Excavation Services, Inc. has experience in various City infrastructure improvement projects and has performed well in previous contracts. Staff recommends that it is in the City’s best interests to award the final construction contract to this vendor. Staff is working diligently to examine current market construction costs and existing budget. Due to large increase in construction costs, some projects that were included in the advertisement for bids are proposed to be deferred at this time to prioritize other critical infrastructure projects. Staff has developed a priority ranking for all projects and the above-mentioned projects rank within each department’s top tier. Yellow Brick Storm Improvements, Red Brick Pedestrian and Storm Improvements and Hyman Storm and Pedestrian Improvements were initially included in the bids but are proposed to be deferred to make funds available for other priority projects. The deferred projects will be re-evaluated as decisions are made on priority projects within the City and Council. Staff will facilitate future conversations with Council concerning the overall budget and project prioritization. The final contract price is $838,098.75. As described above, this includes Cooper Ave. and Spring St. Pedestrian Improvements, Dolinsek Gardens Monarch Street Improvements, and General Concrete 6 Replacement. Staff negotiated a decreased scope from the received bids due to overall capital improvement budget concerns. FINANCIAL/BUDGET IMPACTS: This is a multi-department collaboration between Parks and the Engineering Departments to reduce the unit cost of materials. To represent the different funding sources the financials have been separated below. The funding for the $838,098.75 contract with Excavation Services, Inc. will be funded by both the Engineering Department and the Parks Department. For Engineering, funding equal to $595,876.86 for this project was appropriated within the 2022 Asset Management Plan Fund budget, under project 51263: Spring and Cooper Improvements, and 50471: Concrete Replacement – 2022. For Parks, funding equal to $160,000 for this project was appropriated within the 2022 Asset Management Plan Fund budget under project 50350: Dolinsek Gardens Monarch Street Improvements – 2022. Additional scope related to the street and sidewalks related to the Dolinsek Park development are required, therefore the Parks department will prepare a spring supplemental to cover the work. Staff will present a request that $242,221.89 be appropriated to the Dolinsek Gardens Development project (50350) from the Parks Fund (100). In addition to the $838,098.75 for Excavation Services, Inc. the City anticipates approximately $119,354 for related Engineering expenditures and $120,444 for related Parks expenditures. This funding will go toward other third-party services for construction services and inspections, geotechnical and materials testing, and public relations. Approximately $50,000 in construction inspections are needed for the Spring St and Cooper Ave Intersection project, and this will be awarded to Phil Vaughn Construction Management through the As-Needed contract approved by Council as Resolution 23 of 2020. The contingency fund is intended to cover unforeseeable construction costs and expenses that arise due to unknown site conditions. Engineering Expenditures Spring and Cooper Pedestrian Improvements $ 493,549.36 General Concrete Replacement $ 102,327.50 ENGINEERING CONTRACT TOTAL $ 595,876.86 Related Engineering Expenditures Construction Services $ 50,000.00 Geotech and Material Testing $ 13,000.00 Public Outreach and Communications $ 7,000.00 Spring and Cooper Contingency (10%)$ 49,354.94 RELATED SERVICES TOTAL $ 119,354.94 Engineering Budgeted Funding Spring and Cooper Improvements – 2022 (000.327.81200.52199.51263)$ 275,000.00 Concrete Replacement – 2022 (000.327.81200.52199.50471)$ 440,232.00 TOTAL $ 715,232.00 7 Parks Expenditures Dolinsek Gardens Monarch Street Improvements – 2022 $ 242,221.89 PARKS CONTRACT TOTAL $ 242,221.89 Related Parks Expenditures Construction Services $ 20,000.00 Geotech and Material Testing $ 10,000.00 Public Outreach and Communications $ 5,000.00 Additional Road Striping $ 2,000.00 Sidewalk Extension to Gilbert $ 35,000.00 Contingency (20%)$ 48,444.38 RELATED SERVICES TOTAL $ 120,444.38 Parks Budgeted Funding Dolinsek Gardens Monarch Street Improvements – 2022 (100.572.81200.57210.50350)$ 160,000.00 Parks Spring Supplemental $ 202,667.00 TOTAL $ 362,667.00 ALTERNATIVES: The Dolinsek portion of the project will require a Spring Supplement from the Parks Department. Council can direct staff to reallocate funding from existing Parks projects to supplement the additional costs for this project. ENVIRONMENTAL IMPACT: These projects focus on improving pedestrian safety and the walkability of the city. The goal of improving safety and walkability hopes to decrease vehicle trips and subsequent greenhouse gas emissions. The Dolinsek Gardens project in addition to improving pedestrian connectivity in the area is decreasing overall impervious area and increasing vegetation. These changes will improve the stormwater runoff and carbon capture of the Dolinsek site. PUBLIC OUTREACH: Staff will mail a fact sheet letter containing information about the Concrete Replacement and Pedestrian Improvements Project and its construction impacts to neighbors within 300 feet approximately 10 days prior to commencement of work. Staff intends to directly communicate with some of the most impacted neighbors prior to commencement of construction in their area. STAFF RECOMMENDATION:Staff recommends Council approve the Concrete Replacement and Pedestrian Improvements Projects contract with Excavation Services, Inc. in the amount of $838,098.75 and other related costs of $119,354 for related Engineering expenditures and $120,444 for related Parks expenditures for a total cost of $1,077,898. PROPOSED MOTION:“I move to approve Resolution No. 016, Series of 2022.” 8 CITY MANAGER COMMENTS: ATTACHMENT A – Contract with Excavation Services, Inc. 9 RESOLUTION #016 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND EXCAVATION SERVICES, INC., AND 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 a contract between the City of Aspen and Excavation Services, Inc., 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 Contract between the City of Aspen and Excavation Services, Inc. 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 ADOPTED by the City Council of the City of Aspen on the 22 nd day of February 2022. Torre, Mayor I, Nicole Henning, 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, February 22, 2022. Nicole Henning, City Clerk 10 CITYOFASF*}{ CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into on 2!Ql2A22 , by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and EXCAVATION SERVIGES. lNC. hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: GONCRETE REPLACEMENT 2022 (2021- 236), WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said lnvitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published lnvitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract for Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice to Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed EIGHT HUNDRED THIRTY EIqHT THOUSAND. N|NTY ETGHT DOLLARS AND SEVENTY F|VE CENTS ($838.098.75) DOLLARS or as shown on BID proposal. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GCST-Z) and in the 1 2 3 4 5 CC'1-971.d0c Page 1 **cc1 11 6 7 Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. This Contract for Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract for Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the l/layor of the City of Aspen (or a duly authorized offieial in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. This agreement does not and shall not be deemed or construed to confer upon or grant to any third pafi or parties, except to parties to whom the Contractor or the City may assign this Contract for Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10 No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree thatthis Contract for Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12.ln the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13.This Contract for Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract for Construction. 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract for Construction, represents that he/she is an authorized 8 I CC1-971.doc Page 2 *"cc1 12 representative of the Contractor for the purposes of executing this Contract for Construction and that he/she has full and complete authority to enter into this Contract for Construction forthe terms and conditions specified herein. 15 This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in eleetronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 16. Worker Without Authorization - CRS S8-17.5-101 & S24-76.5-101 Purpose. During lhe 2A21 Colorado legislative session, the legislature passed House Bill 21- 1A75 that amended current CRS S8-17.5-1AZ $), (2Xa), (2Xb) introductory portion, and (2xbxlll) as it relates to the employment of and contracting with a "worker without authorization" which is defined as an individualwho is unable to provide evidence that the individual is authorized by the federal government to work in the United States. As amended, the current law prohibits all state agencies and political subdivisions, including the Owner, from knowingly hiring a worker without authorization to perform work under a contract, or to knowingly contract with a Consultant who knowingly hires with a worker without authorization to perform work under the contract. The law also requires that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. Definitions. The following terms are defined by this reference are incorporated herein and in any contract for services entered into with the Owner. .1 "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United States Department of Homeland Security and the social security Administration, or its successor program. .2 "Department program" means the employment verification program established pursuant to Section 8-1 7.5-1 02(5Xc). .3 "Public Contract for Service$" means this Agreement. .4 "Services" means the furnishing of labor, time, or effort by a Consultant or a subconsultant not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. CC1-97't .doc Page 3 *"cc1 13 .5 "Worker without authorization" means an individualwho is unable to provide evidence that the individual is authorized by the federal government to work in the United States By signing this document, Consultant certifies and represents that at this time 1. Consultant shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services; and 2. Consultant has participated or attempted to participate in either the e verify program or the department program in order to verify that new employees are not workers without authorization. Consultant hereby confirms that: 1. Consultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the Consultant that the subconsultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 3. Consultant has confinned the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. 4. Consultant shall not use the either the e-veriff program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. lf Consultant obtains actual knowledge that a subconsultant performing work under the Public Contract for Services knowingly employs or contracts with a worker without authorization, Consultant shall: 1. Notif, such subconsultant and the Owner within three days that Consultant has actual knowledge that the subconsultant is employing or subcontracting with a worker without authorization: and 2. Terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this section the subconsultant does not stop employing or contracting with the worker without authorization; except that Consultant shall not terminate the Public Contract for Services with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with a worker without a uthorization. Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8- 17.5-102 (5), C.R.S. Ec't-gzt.aoc Page 4 **cc1 14 lf Consultant violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-1A2, C.R.S. the Owner may terminate this Agreement. lf this Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising out of Consultant's violation of Subsection 8-17.5-102, C.R.S. It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. lf any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. 17. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. 18. lf Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. lf the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8-17.5-1A2, C.R.S. 19. This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal ef{ect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its originalform or is not an original. lN WTNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. CC1-971.doc Page 5 *cc1 15 ATTESTED BY:CITY OF ASPEN, COLORADO APPROVED AS TO FORM: By: City Attorney By:N,,',r^^CONTRACTOR: General Conditions for Construction Contracts and Special Conditions can be found on City of Aspen Website. https :/lwww. citvofaspen.com/49 7/Purchasin g Note: Certification of lncorporation shall be executed if Contractor is a Corporation, lf a partnership, the Contract shall be signed by a Principaland indicate title. 6cr -szt.ooc Page 6 **cc1 \ 16 STATE OF COUNry OF CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) )SS 0n this qln day ofA&t.\l.Ann bqing by me first duly sworn, did say that s/he is €xca"rrnA o^ *-tr,&o-S +,L 20n-, before me appeared to me personally known, who, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WTNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. VIVIAN ULLOA MAflTINTZ NOTARY PUBLIC . STATE OF COLO|"IADO Notary lD #20214011754 Commission 312,4 ]il.:tt: Notary Address @ $t:" My commission expires: n"-. tzq 1207 5_ t Ect-gz1.ooc Page 7 **ccl 1-lJa N.\ , I?jrY ?+tt>o* Co,Vtrwlale, I -r 17 Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Rob Schober, Capital Assets Liz Chapman, Environmental Health and Sustainability THRU: Scott Miller, Public Works Director DATE OF MEMO: February 14, 2022 MEETING DATE: February 22, 2022 RE: Solid Waste and Recycling Contract REQUEST OF COUNCIL: Council will review and approve the contract with Mountain Waste and Recycling (Mountain Roll-Offs, Inc.) for hauling of trash and recycling from City offices and properties. PREVIOUS COUNCIL ACTION: Council approved the previous waste contract in December 2016. BACKGROUND: The City of Aspen has a variety of locations which require regular trash and recycling services. These locations range from small offices to large multi-family complexes and include recreational and park facilities. The proposed contract includes all properties managed and owned by City staff (Exhibit A). Various departments will pay for services out of their own budgets. DISCUSSION: By coordinating with these various entities, staff has been able to negotiate a unified contract which meets the needs of each location and provides cost-effective trash and recycling services. The City has a separate contract in place for transporting organic material to be composted and staff will return to Council when it is time for a new contract for those services. All City properties and offices will have single-stream recycling which increases the number of materials diverted to recycling and makes recycling simpler by putting all recyclables into a single container. This system reduces the number of containers which need to be provided both inside and outside to collect recycling. To facilitate more effective responses to service requests, Mountain Waste and Recycling will provide a dedicated person, located within the valley, for the property and office managers to contact regarding repairs, service, and other issues. This was not offered by the other proposal. 18 Page 2 of 2 Staff put out a Request for Proposals in January 2022 and two proposals were received. A small team of staff were selected to make the final evaluation (Capital Assets, Parks, Environmental Health, and Purchasing departments were represented). This team determined the level and flexibility of service offered by Mountain Waste and Recycling (Exhibit A) more closely fit the needs of the City of Aspen than the other proposal. The Mountain Waste and Recycling proposal included their company’s sustainability efforts in the Roaring Fork Valley which aligns with the City of Aspen’s sustainability goals and distinguished them from the other proposal that only cited national sustainability efforts. Further, Mountain Waste and Recycling offered the city access to variable services at discounted prices to be used as needed. FINANCIAL/BUDGET IMPACTS: If Council directs staff to enter into a 5-year contract for trash and recycling services, the cost to the City will be $159,297.00 in 2022 with annual increases of 0-3% based on the Consumer Price Index (CPI). The total value of the contract with the CPI increases is $845,730.00 This will be paid out of the budgets of the various departments utilizing these services (Exhibit B). ENVIRONMENTAL IMPACTS: By increasing the amount of material accepted for recycling and simplifying the process by having single stream recycling at all City locations, City staff will be able to continue to improve the diversion of waste materials from the landfill. Increased diversion also contributes to the availability of airspace remaining in the landfill by reducing the amount of waste buried. Further, through consolidating all of the waste service under one contract, staff are able to monitor the diversion efforts of City personnel and be more effective in our training efforts to continue to increase the amount of material diverted for recycling. RECOMMENDED ACTION: Staff recommends Council approve this contract for trash and recycling services. ALTERNATIVES: If Council does not approve this contract, then the City will not have a contracted price for waste services and will be subject to variability in service and increased prices for these services. PROPOSED MOTION: I move to approve the proposed contract with Mountain Waste and Recycling for trash and recycling services at properties managed and owned by the City of Aspen. CITY MANAGER COMMENTS: ______________________________________________________________________________ ______________________________________________________________________________ 19 RESOLUTION 019 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND MOUNTAIN ROLL-OFFS, INC. AND 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 a contract for city wide waste and recycling services, between the City of Aspen and Mountain Roll- Offs, Inc. (d/b/a Mountain Waste & Recycling), 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 Contract for city wide waste and recycling services, between the City of Aspen and Mountain Roll-Offs, Inc. (d/b/a Mountain Waste & Recycling) 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 ADOPTED by the City Council of the City of Aspen on the 22 day of February 2022. Torre, Mayor I, Nicole Henning, 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, February 22, 2022. Nicole Henning, City Clerk 20 Agreement Professional Services Page 0 CITY OF ASPEN STANDARD FORM OF AGREEMENT TRASH AND RECYCLING SERVICES City of Aspen Contract No.: 2021-273. AGREEMENT made this 1 day of March, in the year 2022. BETWEEN the City: Contract Amount: The City of Aspen c/o Liz Chapman 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 429-1831 And the Contractor: Mountain Roll-Offs, Inc. dba Mountain Waste & Recycling c/o Douglas Goldsmith 1058 County Road 100 PO BOX 999 Carbondale, CO 81623 Phone: 970-963-3435 For the Following Project: City Wide Waste and Recycling Services Exhibits appended and made a part of this Agreement: The City and Contractor agree as set forth below. If this Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: ___________________________ Resolution No.:___________________ Exhibit A: Scope of Work. Exhibit B: Fee Schedule. Total shall not exceed: $ 845,730* *for 5-year contract and excluding on call services DocuSign Envelope ID: 93CE9E7D-2B9A-4647-BB6D-C1548A8793F0 21 Agreement Professional Services Page 1 1. Scope of Work. Contractor shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. The City hereby grants the exclusive right and privilege to Contractor to perform all of the services at the locations set forth in Exhibit A. Notwithstanding anything herein to the contrary: (a) Contractor shall have no obligation to collect any material which is or contains, or which Contractor reasonably believes to be or contain, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state or local laws or regulations (“Excluded Waste”); (b) if Contractor finds what reasonably appears to be discarded Excluded Waste, Contractor shall promptly notify the City and the producer of the Excluded Waste, if the producer can be readily identified; and (c) title to and liability for any Excluded Waste shall remain with the producer of the Excluded Waste, even if Contractor inadvertently collects or disposes of such Excluded Waste. 2. Completion. Contractor shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than March 1 2027. Upon request of the City, Contractor shall submit, for the City's approval, a schedule for the perfor- mance of Contractor's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Contractor. 3. Payment. In consideration of the work performed, City shall pay Contractor on a time and expense basis for all work performed. The hourly rates for work performed by Contractor shall not exceed those hourly rates set be governed by the payment structures set forth at Exhibit A and/or Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Contractor shall not initially exceed the amount set forth above. Contractor shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Contractor within ten days from receipt of the Contractor 's bill. Notwithstanding anything herein to the contrary, Contractor may pass through and the City shall pay to Contractor any documented increases in disposal fees, increases in Contractor’s costs due to changes in local, state or federal rules, ordinances or regulations applicable to Contractor’s operations or the services provided hereunder, and any increases in and newly imposed taxes, fees or other governmental charges assessed against or passed through to Contractor (other than income or real property taxes). 4. Non-Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other, unless such assignment by Contractor is to an affiliated entity or subsidiary of Contractor. Sub- Contracting, if authorized, shall not relieve the Contractor of any of the responsibilities or obligations under this Agreement. Contractor shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Contractor to the extent of the subcontract. DocuSign Envelope ID: 93CE9E7D-2B9A-4647-BB6D-C1548A8793F0 22 Agreement Professional Services Page 2 The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Contractor Services. If either party shall be in breach of any provision of this Agreement, either party may suspend its performance hereunder until such breach has been cured or terminate this Agreement; provided, however, that no termination of this Agreement by either party shall be effective until the non-breaching party has given written notice of such breach to the breaching party and the breaching party has failed to cure such breach within thirty (30) days after receipt of such notice. Upon any such failure to cure, the non-breaching party may terminate this Agreement by giving the breaching party written notice of such termination, which shall become effective upon receipt of such notice. The Contractor or the City may terminate the TRASH AND RECYCLING Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Contractor shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Contractor purposes of set-off until such time as the exact amount of damages due the City from the Contractor may be determined. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Contractor shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Contractor. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Contractor. Contractor shall be solely and entirely responsible for its acts and for the acts of Contractor 's agents, employees, servants and subcontractors during the performance of this contract. Contractor shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Contractor and/or Contractor 's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Contractor agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, but only to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused by the in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional Contractor error, mistake, negligence, or, willful misconduct, or other fault of the Contractor, any subcontractor of the Contractor, or any officer, employee, DocuSign Envelope ID: 93CE9E7D-2B9A-4647-BB6D-C1548A8793F0 23 Agreement Professional Services Page 3 representative, or agent of the Contractor or of any subcontractor of the Contractor, or which arises out of any workmen's compensation claim of any employee of the Contractor or of any employee of any subcontractor of the Contractor. The Contractor agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Contractor, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Contractor for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Contractor 's Insurance. (a) Contractor agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Contractor pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. The policy requirements herein may be satisfied through a combination of primary and umbrella/excess liability coverage. (b) Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage DocuSign Envelope ID: 93CE9E7D-2B9A-4647-BB6D-C1548A8793F0 24 Agreement Professional Services Page 4 for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Contractor 's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Contractor has no owned automobiles, the requirements of this Section shall be met by each employee of the Contractor providing services to the City under this contract. (iv) (RESERVED) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. , but only to the extent such liabilities have been assumed by Contractor in this Agreement. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Contractor. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided to the City shall be completed by the Contractor 's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums against monies due to Contractor from City. (f) (RESERVED) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., DocuSign Envelope ID: 93CE9E7D-2B9A-4647-BB6D-C1548A8793F0 25 Agreement Professional Services Page 5 C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Contractor for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Contractor reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Contractor agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non- discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Contractor to which the same may apply and, until complete performance by Contractor of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101 Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21- 1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and (2)(b)(III) as it relates to the employment of and contracting with a “worker without authorization” which is defined as an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States. As amended, the current law prohibits all state agencies and political subdivisions, including the Owner, from knowingly hiring a worker without authorization to perform work under a contract, or to DocuSign Envelope ID: 93CE9E7D-2B9A-4647-BB6D-C1548A8793F0 26 Agreement Professional Services Page 6 knowingly contract with a Consultant who knowingly hires with a worker without authorization to perform work under the contract. The law also requires that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. Definitions. The following terms are defined by this reference are incorporated herein and in any contract for services entered into with the Owner. 1. "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United States Department of Homeland Security and the social security Administration, or its successor program. 2. "Department program" means the employment verification program established pursuant to Section 8-17.5-102(5)(c). 3. "Public Contract for Services" means this Agreement. 4. "Services" means the furnishing of labor, time, or effort by a Consultant or a subconsultant not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. 5. “Worker without authorization” means an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States By signing this document, Consultant certifies and represents that at this time: 1. Consultant shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services; and 2. Consultant has participated or attempted to participate in either the e-verify program or the department program in order to verify that new employees are not workers without authorization. Consultant hereby confirms that: 1. Consultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the Consultant that the subconsultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 3. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. 4. Consultant shall not use the either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. DocuSign Envelope ID: 93CE9E7D-2B9A-4647-BB6D-C1548A8793F0 27 Agreement Professional Services Page 7 If Consultant obtains actual knowledge that a subconsultant performing work under the Public Contract for Services knowingly employs or contracts with a worker without authorization, Consultant shall: 1. Notify such subconsultant and the Owner within three days that Consultant has actual knowledge that the subconsultant is employing or subcontracting with a worker without authorization: and 2. Terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this section the subconsultant does not stop employing or contracting with the worker without authorization; except that Consultant shall not terminate the Public Contract for Services with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with a worker without authorization. Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8- 17.5-102 (5), C.R.S. If Consultant violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising out of Consultant’s violation of Subsection 8-17.5-102, C.R.S. It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. 17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. (b) Contractor agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. DocuSign Envelope ID: 93CE9E7D-2B9A-4647-BB6D-C1548A8793F0 28 Agreement Professional Services Page 8 (c) Contractor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Contractor, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Contractor; and 4. Recover such value from the offending parties. 18. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 19. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 20. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. DocuSign Envelope ID: 93CE9E7D-2B9A-4647-BB6D-C1548A8793F0 29 Agreement Professional Services Page 9 The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 21. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Contractor or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 22. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. 23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Contractor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Contractor or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. Force Majeure. Except for the payment of amounts owed hereunder, neither party hereto shall be liable for its failure to perform or delay in its performance hereunder due to contingencies beyond its reasonable control including, but not limited to, strikes, riots, compliance with laws or governmental orders, epidemics, pandemics, inability to access a container, fires, inclement weather and acts of God, and such failure shall not constitute a breach under this Agreement. 25. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Contractor understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the DocuSign Envelope ID: 93CE9E7D-2B9A-4647-BB6D-C1548A8793F0 30 Agreement Professional Services Page 10 City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. Damage to Pavement. Except in the case of Contractor’s negligence or willful misconduct, Contractor shall not be liable for any damages to pavement, curbing, or other driving surface resulting from the weight of its trucks and equipment. 26. Authorized Representative. The undersigned representative of Contractor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Contractor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. Contractor’s Equipment. Any equipment furnished hereunder by Contractor shall remain the property of Contractor; however, the City shall have care, custody and control of the equipment while at the service locations. The City shall not overload or permit to be overloaded (by weight or volume), move or alter the equipment, and shall use the equipment only for its proper and intended purpose. The City must provide unobstructed access to the equipment on the scheduled collection day. The word “equipment” as used in this Agreement shall mean all containers used for the storage of non-hazardous solid waste. Notwithstanding anything herein to the contrary, in the event that a container becomes lost, unsightly, unsanitary, broken, or unserviceable because of the acts or omissions of the City (excluding normal wear and tear), the City will be charged for the resulting repairs or replacement and such amounts will be paid to Contractor upon demand. 27. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Contractor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Contractor or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 28. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Contractor understands that no City official or employee, other than the Mayor and City Council acting as a bod y at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 29. Authorized Representative. The undersigned representative of Contractor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Contractor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: Contractor: DocuSign Envelope ID: 93CE9E7D-2B9A-4647-BB6D-C1548A8793F0 31 Agreement Professional Services Page 11 ________________________________ ______________________________ [Signature] [Signature] By: _____________________________ By: _____________________________ [Name] [Name] Title: ____________________________ Title: ____________________________ Date: ___________________ Date: ___________________ Approve as to Form: _____________________ City Attorney General Conditions and Special Conditions can be found on City of Aspen Website. https://www.cityofaspen.com/497/Purchasing DocuSign Envelope ID: 93CE9E7D-2B9A-4647-BB6D-C1548A8793F0 2/10/2022 | 9:35:42 AM PST Doug Goldsmith Sales Manager 32 Agreement Professional Services Page 12 EXHIBIT A Contractor SERVICES AGREEMENT See Bid RFP for details of scope Fixed rates for first year total: $159,297 * *Excluding on call services Estimated 5 year rate with max CPI of 3%: Yr1 Yr2 Yr3 Yr4 Yr5 Per Month 13,274.76 13,673.00 14,083.19 14,505.69 14,940.86 12 12 12 12 12 CPI 1 1.03 1.03 1.03 1.03 Total: 159,297 164,076 168,998 174,068 179,290 845,730 The contract will be for a period of 5 years beginning March 1, 2022 and ending March 1 2027. The City will allow for an annual price increase between 0%-3% based on the current years CPI- Transportation, beginning March 1 2023. On call: DocuSign Envelope ID: 93CE9E7D-2B9A-4647-BB6D-C1548A8793F0 33 Agreement Professional Services Page 13 EXHIBIT B Contractor SERVICES AGREEMENT Fee Schedule see attached excel sheet DocuSign Envelope ID: 93CE9E7D-2B9A-4647-BB6D-C1548A8793F0 34 City of Aspen - Parking Garage, 427 Rio Grande Pl., Aspen , CO 81611 City of Aspen - Parks Dept., 585 Cemetary Lane, Aspen, CO 81611 City of Aspen - Marolt Housing, 18 Truscott Pl., Aspen, CO 81611 City of Aspen - Environmental Health, 427 Rio Grande Pl., Aspen , CO 81611 City of Aspen - Ice Garden 427 Rio Grande Pl., Aspen , CO 81611 Dept. & Billing ADDRESS City of Aspen - Capital Assets, 427 Rio Grande Pl., Aspen , CO 81611 Aspen Country Inn - APCHA 18 Trusott Pl., Aspen, CO 81611 City of Aspen - Capital Assets 427 Rio Grande Pl., Aspen , CO 81611 City of Aspen - Recreation Center (ARC) 427 Rio Grande Pl., Aspen , CO 81611 City of Aspen - Capital Assets, 427 Rio Grande Pl., Aspen , CO 81611 35 City of Aspen - Smuggler Apt. (APCHA), 18 Truscott Pl., Aspen, CO 81611 City of Aspen - Streets Dept., 427 Rio Grande Pl., Aspen , CO 81611 City of Aspen- Armory, 130 S Galena St., Aspen, Co 81611 City of Aspen - Water Dept., 427 Rio Grande Pl., Aspen , CO 81611 City of Aspen - Wheeler Opera House, 427 Rio Grande Pl., Aspen , CO 81611 City of Aspen - Yellow Brick, 427 Rio Grande Pl., Aspen , CO 81611 City of Aspen - Truscott Housing (APCHA), 18 Truscott Pl., Aspen, CO 81611 36 Locations for regular waste services- City of Aspen Trash and Recycling Aspen Animal Shelter 101 Animal Shelter Rd. Aspen Animal Shelter 101 Animal Shelter Rd. Aspen Country Inn 38996 Highway 82 Aspen Country Inn 38996 Highway 82 Aspen City Hall 427 Rio Grande Pl. Aspen City Hall 427 Rio Grande pl. Aspen Rec Center 0861 Maroon Creek Rd. Aspen Rec Center 0861 Maroon Creek Rd. Aspen Rec Center 0861 Maroon Creek Rd. Aspen Ice Garden 233 W. Hyman Ave. Aspen Ice Garden 233 W. Hyman Ave. Marolt Ranch Housing 100 Marolt Place Marolt Ranch Housing 100 Marolt Place 000032-008 Parking Garage 427 Rio Grand Place 000032-028 Parks Dept.585 Cemetery Lane Aspen Police Dept.540 E. Main St. Aspen Police Dept.540 N. Main St. Rio Grande Place (across Obermeyer Pl.)000032-024 LOCATION Name Service ADDRESS Rio Grande Recycling Center Site Number 000032-002 000032-003 000032-033 000032-005 000032-006 000032-007 000032-021 37 000032-012 Smuggler Housing 414 Park Circle 000032-013 Street Dept.1080 Power Plant Rd Truscott Housing 18 Truscott Place Truscott Housing 18 Truscott Place Water Dept.500 Doolittle Circle Water Dept.500 Doolittle Circle Wheeler Opera House 320 E. Hyman Ave. Wheeler Opera House 320 E. Hyman Ave. Yellow Brick Bldg.215 N. Garmisch Yellow Brick Bldg.215 N. Garmisch 130 S Galena St 130 S Galena St 130 S Galena St 130 S Galena St000032-004 000032-015 000032-016 000032-017 000032-014 38 TRASH or FREQUENCY RECYLING (Of Pick up) 3 yd Trash 1/week 2 yd Single stream Recycling EOW 2 3yd dumpster Trash 1x/week 5 - 96 gallon totes Single stream Recycling 1x/week 3 yd dumpster Trash 1x/week 3yd X 2 Single stream Recycling 2x/week 2 6yd dumpsters Trash 2x/week $823.25 2 yd dumpster Cardboard recycling On Call $55.00 4- 96 Gallon Single stream Recycling On Call $35/each 2yd dumpster Trash 1x/week $180.35 2 - 96 gallon totes Single stream Recycling On -call $35/each 2 3 yd dumpsters Trash 4x/week $1,945.25 1- 2 yard Single stream Recycling 1x/week $106.92 1 3 yd dumpsters Trash 1x/week $185.65 40 yd compactor Trash 13x/year $556/haul & $209/ton 3yd dumpster Trash 2x/week 1- 2yard Single stream Recycling 2x/week 2x/weekADA Recycling SIZE/TYPE 3 96 gallon totes $477.40 522.36 Monthly COSTS $219.47 $667.94 $330.00 39 2yd dumpster Trash 2x/week $421 2yd Trash 1x/week $112.54 3 2yd dumpsters Trash 4x/week 1-3yard/2-2yard Single stream Recycling 5x/week 3yd dumpster Trash 1x/week 1-2yard Single stream Recycling 1x/week 6 yd dumpster Trash 2/week 1- 3yard Single stream Recycling 2/week 2 yd dumpster Trash 5x/week 2 - 96 gallon totes Single stream Recycling 1x/week 2 yd dumpster Trash 3x/week 3 yd dumpster Single stream Recycling 2x/week $940.34 $4,536.85 $163.19 $911.65 $730.96 40 Language on invoice FRONTLOAD 3 YD 1X WK 1 2 YD EOW RECYCLE FRONTLOAD 3 YD 1X WK 1 96 GL 1X WK REC COM 1 REARLOAD 3 YD 1X WK 1 3 YD 1X WK RECYCLE 1 FRONTLOAD 6 YD 2X WK 1 2 YD ON CALL OCC 96 GL ON CALL REC - COM FRONTLOAD 2 YD 1X WK 1 SERVICE ON CALL CHARGE 3 YD 4 TIMES PER WK 2 YD 1X WK BEAR RECYCLE 2 YD 1X WK BEAR PROOF REARLOAD 3 YD 2X WK 1 2 YD 2X WK RECYCLE 96 GL 4X WK COM 1 96 GL 2X WK BEAR RECYCLE COM 1 41 REARLOAD 2 YD 2X WK 1 REARLOAD 2 YD 1X WK 1 2 YD 4 TIMES PER WK 3 YD 5X WK RECYCLE 1 REARLOAD 3 YD 1X WK 1 2 YD 1X WK RECYCLE FRONTLOAD 6 YD 2X WK 1 3 YD 2X WK RECYCLE 1 2 YD 5 TIMES PER WK 96 GL 1X WK REC COM 1 2 YD 3X WK COMP 1 3 YD 2X WK RECYCLE 1 42 MEMORANDUM TO:Mayor and City Council FROM:Mike Tunte, Landscape Architect and Construction Manager THROUGH:Matt Kuhn, Parks and Open Space Director MEETING DATE:February 22, 2022 RE:Resolution #020 Series 2022 - Contract for Interpretive exhibit fabrication and mobile website production for Rio Grande Park REQUEST OF COUNCIL: The Parks and Open Space Department is seeking Council approval of a contract with Conservation by Design for interpretive exhibit fabrication and app production for Rio Grande Park. SUMMARY / BACKGROUND: Parks and Open Space Staff have worked closely with Annie Denver and Conservation by Design for over four years to develop an interpretive signage and wayfinding approach for Rio Grande. Conservation by Design was selected by the City after a Request for Proposal in 2018. Because fabrication and mobile website development are highly integrated with the design process, having continuity with the vendor provides the highest alignment with the vision, it saves time and money, and minimizes potential issues throughout the process. This is a sole source contract. DISCUSSION: The Rio Grande Park interpretive exhibits are a project that completes an important facet of the park and John Denver Sanctuary. The interpretive elements provide orientation and wayfinding and share the stories of the site to provide meaning and opportunities to engage. During the late 1800s the current location of Rio Grande Park was an industrial site, containing the D&RG railroad switchyard and a lead concentrator mill. More recently, in the early stages of developing the site as Rio Grande Park, it included a playing field, Theater Aspen’s performance tent and the skate park. 43 In 1998, with direction from Mayor John Bennett, Jeff Woods, former Director of Parks and Recreation, approached Annie Denver with the idea of finding a way to celebrate John Denver’s life. This led to the dedication a 4.5-acre site within Rio Grande Park as the John Denver Sanctuary. From the late-2000s to around 2015, Parks and Open Space transformed the site to include a stormwater biofiltration system, boulder gardens and plantings and the permanent lobby for Theatre Aspen. John Denver Sanctuary has become one of the top attractions in Aspen. 44 The transformation of John Denver Sanctuary The interpretation effort began about 4 years ago, carried forward by Jeff Woods and Annie Denver’s vision. The team includedParks staff, Annie Denver, and Conservation by Design, whose resume includes gold-standard level projects for sites such as the National Mall in Washington, DC, National Parks, National Wildlife Refuges, city and county parks, nature centers, transit hubs, and museums across the country. In this effort, the team developed an interpretation and wayfinding plan that addresses the site’s features and amenities and its three main stories: Local mining and railroad history Water – pertaining to stormwater, the stream gauge, river, wetland habitats John Denver’s environmental legacy 45 A major goal of the project was to provide for visitor needs and interests with a minimum number of signs. The physical elements provide the broad easily accessible information while the mobile website allows for a deeper level of information. While the interpretive elements provide information about John Denver Sanctuary, they have been purposefully kept out of the Sanctuary. Physical elements include: 7 welcome / orientation panels, two of which replace existing theater panels 7 small directional blades 7 interpretive panels Staff reviewed the sign plan with the Open Space and Trails Board in October 2021, and subsequently completed a review and approval with the City Planning and Zoning Commission on February 1, 2022. Low profile wall mounted exhibit 46 The mobile websitewill be built on a platform that gives Parks the ability to independently update or change content any time. In 2019 a draft plan was presented to the Open Space and Trails Board and their comments were incorporated. The final plan was supported by the Open Space and Trails Board as well as the Planning and Zoning Commission. Mobile Website 47 FINANCIAL/BUDGET IMPACTS: The contract with Conservation by Design for Interpretive exhibit fabrication and mobile website production for Rio Grande Park was included in the 2021 Parks Fund (100) Capital Project Budget, as project 51003 John Denver Sanctuary Interpretation Implementation. This is a multi-year project, and staff will be requesting through the Spring Supplemental phase that the 2021 balance of the project ($94,000) be carried forward and added to the funding that is allocated in 2022 ($50,000). The contract amount of $90,700 is within the existing budget authority. ENVIRONMENTAL IMPACTS: The use of durable materials will provide exhibits with longevity. A portion of signs speak directly to the environmental stewardship demonstrated throughout Rio Grande Park and John Denver Sanctuary. ALTERNATIVES Council can request an alternative bid approach. STAFF RECOMMENDATIONS: Parks and Open Space Staff recommends approval of the contract with Conservation by Design for Interpretive exhibit fabrication andmobile website production for Rio Grande Park. CITY MANAGER COMMENTS: 48 RESOLUTION #020 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND CONSERVATION BY DESIGN 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 a contract for Interpretive exhibit fabrication and mobile website production for Rio Grande Park, between the City of Aspen and Conservation by Design, 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 Contract for Interpretive exhibit fabrication and mobile website production for Rio Grande Park, between the City of Aspen and Conservation by Design, 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 ADOPTED by the City Council of the City of Aspen on the 22 nd day of February 2022. Torre, Mayor I, Nicole Henning, 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, February 22, 2022. Nicole Henning, City Clerk 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 Page 1 of 4 MEMORANDUM TO:Mayor and City Council FROM:Bill Linn, Assistant Chief of Police THRU:Sara Ott, City Manager DATE OF MEMO:February 11, 2021 MEETING DATE:February 22, 2022 RE:Resolution # 022, Series of 2022, Approving an Amended Intergovernmental Agreement between the Pitkin County Board of County Commissioners and the City of Aspen, Aspen Valley Hospital, Town of Snowmass Village and Town of Basalt to Provide Detoxification and Withdrawal Management services in Pitkin County REQUEST OF COUNCIL: Staff requests approval of Resolution # 022, Series of 2022 (Attachment “A”), authorizing the execution of an intergovernmental agreement (Attachment “B”) between Pitkin County, the Town of Basalt, the Town of Snowmass Village, and the City of Aspen to fund the Pitkin County detoxification and withdrawal management facility at the Pitkin County Health and Human Services building in Aspen. PREVIOUS COUNCIL ACTION: In 2014 Council approved an initial IGA bringing together multiple community stakeholders and respective funding to share the cost of operating a detoxification facility at the Pitkin County Health and Human Services building. BACKGROUND: The structure of the original IGA and funding agreements have been in need of updating to better serve the participating members, and to allow for operational changes as they occur. The participating members include the hospital, the City of Aspen, the Town of Basalt, the Town of Snowmass Village, Pitkin County, and the Aspen Valley Hospital. The original formula for cost involved Aspen Valley Hospital paying 30% and other governmental jurisdictions paying an amount based on population, the number of liquor licenses, and the amount of utilization of the services. The original IGA also named a specific vendor, which was changed in 2016 to the current vendor. During the past seven years the participating members have developed smooth and trusting relationships around this project resulting in consistent community access to the four-bed detoxification and withdrawal management center located at the HHS building. 86 Page 2 of 4 Each year the detox budget has been reviewed, the funding formula recalculated and the jurisdictions invoiced to pay Pitkin County as the fiscal agent. Because of differing budget calendars among the participating members, this has not always been timely for the various budgeting governments. The participating members requested an updated IGA to reflect more neutral language identifying the vendor (in case a future RFP determines a new vendor) as well as a new percentage-based formula that is predictable for their annual budgets. The 2022 cost share was determined on a one-time basis by using the 2021 formula plus a 3% increase across the board. This allowed time for the participating members to agree on a 2023 formula that has historic roots (population, liquor licenses and utilization) but lands on a percent they can easily plug in once the detox budget is presented in August. This updated IGA establishes the percentage funding formula for 2023 and subsequent years as follows: a. Aspen Valley Hospital – 30% b. City of Aspen – 27% c. Pitkin County – 25% d. Town of Snowmass Village – 9% e. Town of Basalt – 9% The current vendor running the detoxification and withdrawal management facility is Recovery Resources. Located in the Health and Human Services building, Recovery Resources has 2 bedrooms with 2 beds each. Covid has limited the detox capacity throughout the past 2 years, as it is unsafe to put 2 people in one room. In 2018 he detox facility, currently run by vendor Recovery Resources, recorded 181 admissions with a length of stay average of 27 hours. In 2021 they recorded 98 admissions with an average length of stay of 29 hours. Aspen Police Department made 319 detox-related contacts in 2021, but prioritizes placing persons in the most dignified setting possible. Most are placed with family or friends. APD directly placed five persons at the facility in 2021 and up to another 15 via Aspen Valley Hospital, where a high percentage of our contacts are given medical clearance before going to detox. A total of 40 detoxes at the facility came from residents of Aspen, or about 41% of all utilization of the facility. Quarterly operational team meetings are conducted by the vendor that include representatives from AVH, TOSV, Basalt, Pitkin County Jail, Pitkin County Human Services, mental health representatives, and public safety. These meetings focus on utilization review, strengths and challenges in access and case debrief. The county human services director oversees the contract with the vendor to ensure compliance with budgeting, billing, and provision of services. All participating members have reviewed and approved this new IGA. 87 Page 3 of 4 DISCUSSION: Below is a list of the community benefits as defined by the Participating Members: Having intoxicated people go to a detoxification center versus a jail helps to decriminalize and destigmatize addiction. Offering a voluntary detox when people have no friends or family to be released to safely helps to support life, health and safety through assisted withdrawal. During the years that the Pitkin County detox was closed and the only option for supervised detoxification was in Glenwood, local utilization of the detox dwindled to almost nothing. Pitkin residents, guests (and law enforcement partners) do not want to travel 45 miles one way to a detox. The current provider of detoxification and withdrawal management is available 24/7 so they are immediately available to assist community partners in determining the right disposition for someone who needs help. The staffing pattern of having 2 people on for every shift at the detoxification center allows the provider to conduct more follow up and family case management. They report 30% of the Pitkin detox population gets connected to follow up treatment or support services which is dramatically higher than the average of 8 % from other detox facilities around the state. Using a “collective funding” impact strategy allows the participating members share the cost of this essential community service, making it more affordable for each partner. The Pitkin detoxification and withdrawal center provides community partners with a critical community safety net that is improving lives and also saving partners time, money and human resources. FINANCIAL/BUDGET IMPACTS: Pitkin County will continue to serve as the fiscal agent through the public health department, providing payment to the vendor in the amount of $592,577 in 2022 for the services per the county detox contract. The City of Aspen portion of this for 2022 will be $183,608, based on a 3% increase from the 2021 formula of population, liquor licenses and utilization (from previous year’s statistics) of the detox. The total funding participating members agreed to provide for 2022 is as follows: Aspen Valley Hospital $ 177,803 City of Aspen $ 183,608 Town of Basalt $ 17,877 Town of Snowmass Village $ 58,406 Pitkin County $ 154,983 Total $592,677 Additionally, Pitkin County is providing space at no cost at the Schultz Health and Human Services building. Pursuant to an annual lease agreement with the vendor, this is an on-site four-bed detoxification and withdrawal management facility, with the space valued at $16,350. 88 Page 4 of 4 Under this agreement Pitkin County will provide the next fiscal year’s (2023 and beyond) budget and cost distribution to funding partners by August 15 to secure a commitment for the next year budget using a new percentage cost share formula (based on previous years amounts from the population, utilization and liquor license) as follows: Aspen Valley Hospital – 30% City of Aspen – 27% Pitkin County – 25% Town of Snowmass Village – 9% Town of Basalt – 9% RECOMMENDATION:We recommend that City Council enter into the intergovernmental agreement. ALTERNATIVES: City Council could elect to not enter into the intergovernmental agreement could elect to not distribute funds to any organization. CITY MANAGER COMMENTS: ATTACHMENTS: Attachment A: Resolution # 022, Series of 2022 Attachment B: Proposed Intergovernmental Agreement 89 RESOLUTION #022 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, PITKIN COUNTY, THE TOWN OF BASALT, THE TOWN OF SNOWMASS VILLAGE, AND ASPEN VALLEY HOSPITAL, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID INTERGOVERNMENTAL AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an Intergovernmental Agreement for the provision of detoxification and withdrawal management programs, between the City of Aspen and Pitkin County, Aspen Valley Hospital, the Town of Snowmass Village and the Town of Basalt, 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 provision of detoxification and withdrawal management programs, between the City of Aspen, Pitkin County, the Town of Basalt, the Town of Snowmass Village, and Aspen Valley Hospital, 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 ADOPTED by the City Council of the City of Aspen on the 22 nd day of February 2022. Torre, Mayor I, Nicole Henning, 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 February 22, 2022. Nicole Henning, City Clerk 90 91 INTERGOVERNMENTAL AGREEMENT BETWEEN THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ASPEN (“COA”), ASPEN VALLEY HOSPITAL (“AVH”), TOWN OF SNOWMASS VILLAGE (“TOSV”) AND TOWN OF BASALT (“BASALT”) TO PROVIDE DETOXIFICATION AND WITHDRAWL MANAGEMENT IN PITKIN COUNTY THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made this ______ day of ____________________, 2022 by and between the Board of County Commissioners of Pitkin County, Colorado, whose address is 530 East Main Street, Suite 302 Aspen, Colorado 81611 ("the County”) and Aspen Valley Hospital (“AVH”), City of Aspen (“COA”), Town of Basalt (“Basalt”) and Town of Snowmass Village (“TOSV”), hereinafter severally referred to by name or collectively as the “Participating Members”. RECITALS WHEREAS, This Agreement is entered into pursuant to, inter alia, C.R.S. §§ 29-1-201, et seq., and Article XIV, Section 18 of the Colorado Constitution; WHEREAS, Participating Members entered into the original Intergovernmental Agreement (IGA) for collective funding of detoxification and case management services in 2014. At that time the IGA identified Colorado West Regional Mental Health Center as the provider. In 2016 participating agencies conducted a Requests for Proposals (RFP) and chose to begin contracting with Recovery Resources, LLC, as the Detoxification services Vendor, in January 2017. Moving forward the IGA will simply refer to “Vendor” in order to accommodate any change in vendor due to future RFP awards; WHEREAS, Participating Members reached an agreement on a funding model in 2014 to ensure fair and equitable distribution of responsibility for future financial support of detoxification and case management services; WHEREAS, Participating Members desire to update the original 2014 Intergovernmental Agreement to reflect the 2022 funding formula, a new percentage based funding formula for 2023 and beyond, and to generalize the Vendor so that any future changes to the Vendor do not necessitate an update to this IGA. WHEREAS, Participating Members do hereby collectively determine and declare that this Intergovernmental Agreement is necessary, proper and convenient for the continued fostering and preservation of the public peace, health and safety. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual promises 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: 92 1. Effect of IGA – Except as expressly provided herein, this IGA shall replace and supersede all prior agreements of any kind between all or any of the Participating Members and any or all other Participating Members hereto, to the extent and for the limited purpose as such other agreements may be related to the provision of funding collaborative and detoxification and withdrawal management facility services. a. Fiscal Agent- Pitkin County agrees to be the fiscal agent providing payment to the Vendor in the amount of $592,677 in 2022 for detoxification and withdrawal management at the Detox Facility per the contract approved in the County’s 2022 budget (See Exhibit A- Pitkin County Detoxification Contract and Scope of Work). Once invoiced by Pitkin County in Quarter one, Participating Members agree to pay in full. 2. Funding Allocation – The Participating Members agree to provide funding in return for substance use detoxification and withdrawal management services located at the Health and Human Services building – 0405 Castle Creek Road, Aspen, CO. By August 15 of each year, the County will present the next fiscal year budget for detoxification and withdrawal management services. For 2022, the share for each entity will be as follows: a. In-Kind Contributions i. Pursuant to an annual lease agreement with the Vendor, Pitkin County shall provide, at no cost, space in the Schultz Health and Human Services Building for an on-site, 4 bed, detoxification and withdrawal management services. The value of this space is recognized as $16,350. b. Cash Funding for 2022 i. Aspen Valley Hospital agrees to pay $177,803 or 30% of the total net cost for the provision of detoxification and withdrawal management services. ii. City of Aspen agrees to pay $183,608, based on a 3% increase from the 2021 formula of population, liquor licenses and utilization (previous year’s statistics) of the detox. iii. Town of Snowmass Village agrees to pay $58,406, based on a 3% increase from the 2021 formula of population, liquor licenses and utilization (previous year’s statistics) of the detox. iv. Town of Basalt agrees to pay $17,877, based on a 3% increase from the 2021 formula of population, liquor licenses and utilization (previous year’s statistics) of the detox. v. Pitkin County agrees to pay $154,983 based on a 3% increase from the 2021 formula of population, liquor licenses and utilization (previous year’s statistics) of the detox. c. Cash Funding for 2023 and future years 93 County will provide the next fiscal year’s (2023 and beyond) budget and cost distribution to funding partners by August 15 to secure a commitment for the next year budget using a new percentage cost share formula (based on previous years amounts from the population, utilization and liquor license) as follows: i. Aspen Valley Hospital – 30% ii.City of Aspen – 27% iii.Pitkin County – 25% iv. Town of Snowmass Village – 9% v. Town of Basalt – 9% 3. Quality Assurance Participating members are committed to working together to ensure that relevant performance measures are utilized for the purpose of ongoing evaluation of services. a.Pitkin County Human Services will be responsible for contract compliance with the Vendor. b.The Participating Members agree to assign staff as representatives participate in quarterly meetings with the Vendor to review performance, utilization and process/protocol/communication improvements. c.The Participating Members agree to attend once a year budget meetings to review annual utilization, proposed budget, financial expenditures and budget compliance. 4.Terms and Extensions – This agreement shall commence upon the date first written above and shall continue each year through written email consent as determined by Participating Members 5.Assignability. This agreement is not assignable by any party hereto. 6. Modification. This Agreement may be changed or modified only in writing by an agreement approved by the respective Boards or Councils of the Governments and signed by authorized officers of each party. 7.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. 8.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. 9.Termination Prior to Expiration of Term. Any Party has the right to terminate or withdraw from this Agreement, with or without cause, by giving written notice to 94 the other Parties of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. Termination of the Agreement relieves the cancelling or withdrawing Party of any further responsibility under this Agreement except for specifically identified obligations of a continuing nature based upon past performance under the Agreement. 6.Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing 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: Pitkin County With copies to: Jon Peacock, County Manager Pitkin County Attorney’s Office 530 East Main Street, Ste 302 530 East Main Street, Ste. 301 Aspen, CO 81611 Aspen, CO 81611 Jon.peacock@pitkincounty.com attorney@pitkincounty.com To: City of Aspen With Copies to: Sara Ott, City Manager City of Aspen Attorney 130 South Galena St 130 South Galena Street Aspen CO 81611 Aspen, CO 81611 Sara.ott@cityofaspen.com attorney@cityofaspen.com To: Aspen Valley Hospital With Copies To: Dave Ressler Aspen Valley Hospital Attorney 0401 Castle Creek Road 0401 Castle Creek Road Aspen, CO 81611 Aspen, CO 81611 dressler@aspenhospital.org generalcounsel@aspenhospital.org To: Town of Snowmass Village With Copies To: Clint Kinney, Town Manager Town of Snowmass Village Attorney 130 Kearns Road 130 Kearns Road Snowmass Village, CO 81615 Snowmass Village, CO 81615 ckinney@tosv.com jdresser@tosv.com To: Town of Basalt With Copies To: Ryan Mahoney, Town Manager Town of Basalt Attorney 95 101 Midland 101 Midland Basalt, CO 81621 Basalt, CO 81621 Ryan.mahoney@basalt.net jjc@mountainlawfirm.com 7.Government Immunity. The parties 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. 8. 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 any of the 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 any of the parties’ bonds or any obligations payable from any class or source of each individual party’s money. 9. 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. 10. 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. 11.Attorney 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 fees. 12.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. 13. Authority. Each person signing this Agreement represents and warrants that said person is fully authorized to enter into and execute this Agreement and to bind the party it represents to the terms and conditions hereof. 96 Bill LinnRyan Mahoney97 BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM OF PITKIN COUNTY, COLORADO By:_______________________ By:__________________________ Patti Clapper, Chair John Ely, County Attorney Manager Approval: By:______________________ Phylis Mattice for Jon Peacock, County Manager 98 Certificate Of Completion Envelope Id: 1E4F77CD86BA4BDDA7A76EF3A5925073 Status: Sent Subject: Please DocuSign: IGA - Detox and Withdrawl Management (Basalt and Aspen).pdf Source Envelope: Document Pages: 7 Signatures: 0 Envelope Originator: Certificate Pages: 4 Initials: 0 Julia Ely AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) 530 East Main Street Suite 203 Aspen, CO 81611 julia.ely@pitkincounty.com IP Address: 65.38.144.66 Record Tracking Status: Original 2/10/2022 4:01:51 PM Holder: Julia Ely julia.ely@pitkincounty.com Location: DocuSign Signer Events Signature Timestamp Bill Linn bill.linn@aspen.gov Security Level: Email, Account Authentication (None) Sent: 2/10/2022 4:09:05 PM Viewed: 2/10/2022 4:12:26 PM Electronic Record and Signature Disclosure: Accepted: 2/10/2022 4:12:26 PM ID: c8dbf135-a01b-4940-895b-225a9e1811af Company Name: Pitkin County, Colorado Ryan Mahoney Ryan.mahoney@basalt.net Security Level: Email, Account Authentication (None) Sent: 2/10/2022 4:09:05 PM Electronic Record and Signature Disclosure: Accepted: 2/10/2022 11:39:25 AM ID: f29de4d5-61c8-4385-8381-4acff0d7ae34 Company Name: Pitkin County, Colorado In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/10/2022 4:09:05 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 99 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide you with certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically when we send you documents for electronic signature. Acknowledging your Access, Intent, and Consent to Receive and Sign Materials Electronically To confirm that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receive notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that:  I am establishing my intent to be bound to the transaction, and indicating that I am fully aware of the purpose for which the signature is being provided.  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and  Until or unless I notify Pitkin County as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to me by Pitkin County during the course of my relationship with you. Signing Documents without a Pitkin County DocuSign Account: Pitkin County may not require all document signers to be authorized users of the Pitkin County DocuSign Account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. When you don't have a DocuSign account, you will be provided the opportunity to agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can download and retain this disclosure. Pitkin County will forward completed documents that you've reviewed, processed or signed via email. Should you require copies of these signed documents (e.g., if they get deleted from your email account) you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. Signing Documents with a Pitkin County DocuSign Account: Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM Parties agreed to: Bill Linn, Ryan Mahoney 100 Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper or electronic copies At any time, you may request from us a paper or electronic copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper or electronic copies of any such documents from our office to you, you may be charged a per-page fee. You may request delivery of such paper or electronic copies from us by following the procedure described below. Withdrawing your consent If you are an authorized DocuSign Account holder, you can decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. Described below is the process for informing us of your decision to receive future notices and disclosure in paper format and also how to withdraw your consent to receive notices and disclosures electronically. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Pitkin County: 101 You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to Helpdesk@provelocity.com To advise Pitkin County of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at Helpdesk@provelocity.com and in the body of such request you must state: your previous e-mail address, your new e-mail address . In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper or electronic copies from Pitkin County To request delivery from us of paper or electronic copies of the notices and disclosures previously provided by us to you electronically, you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. To withdraw your consent with Pitkin County To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to Helpdesk@provelocity.com and in the body of such a request, you must state your e-mail, full name, Postal Address, telephone number, and account number. 102 Resolution 023-2022 City Buildings Reuse Plan Policy Resolution Page 1 of 2 RESOLUTION NO. 023 SERIES OF 2022 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL DIRECTING THE CITY MANAGER REGARDING THE STRATEGIES ASSOCIATED WITH THE REMODEL AND REUSE PLAN FOR THE ARMORY (130 S. GALENA ST.), OLD POWER HOUSE (490 N. MILL ST.), AND THE MAIN STREET CABIN (630 W. MAIN ST.) WHEREAS,the former city hall (AKA the Armory) is newly vacant due to the construction of a new city hall, the Old Power House (OPH) currently accommodates the Capital Asset department and Aspen Chamber Resort Association (ACRA), and the Main Street cabin houses the Special Events and Transportation departments; and, WHEREAS,the city is considering options for the future remodel and reuse of all three buildings; and, WHEREAS,City Council reviewed the conceptual programming of the OPH and Armory in work session on August 2, 2021, indicating that city staff offices should be removed from the Armory and Main Street cabin, the offices concentrated in the OPH, and that the Main Street cabin should be a residential use to support city operations; and, WHEREAS,a remodel and reuse plan for the Armory and the OPH was presented by city staff to the City Council at a work session on February 7, 2022, that outlined suggested initial programming for each building and a public engagement process and timeline to gather community feedback; and, WHEREAS,city staff seeks direction on the strategies and principles to be used guide the remodel and reuse process for the Armory; and, WHEREAS,this Resolution confirms direction provided to the City Manager for advancing the remodel and reuse plans for the Armory, OPH, and Main Street cabin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Confirmation of Requested Council Direction: The initial strategies to advance the remodel and reuse plan are: 1. City staff will progress the remodel and reuse plan anticipating that the OPH will house city departments and the Main Street cabin will become city-employee housing. 2. City staff will evaluate how the OPH may support outdoor programming of lawn space adjacent to the Roaring Fork River and contain historic interpretation elements. 103 Resolution 023-2022 City Buildings Reuse Plan Policy Resolution Page 2 of 2 3. City staff will progress the remodel and reuse plan for the Armory anticipating that the Armory will house the primary ACRA visitor center, primary ACRA office space, and as much community use as possible. 4. Staff will conduct an efficientpublic engagement process as identified in the Council work session of February 7, 2022, with the anticipated completion being at the end of April 2022, to identify the potential community uses for the Armory. 5. The following guiding principles will frame the outreach, community discussion, and the staff recommendations to City Council: A. The remodel will respect the historic context and contribute to Aspen’s small- town character. B. The building remodel will incorporate sustainable systems showing a commitment to the environment. C. The Armory should be able to be used by a diverse range of people. D. The uses within the Armory should provide meaningful and affordable participation in programs and offerings. E. The operational structure of the Armory should limit the public financial burden of operating and maintaining the building. F. The programming of the Armory should contribute to a lively and diverse downtown. G. The programming of the Armory should focus on unmet needs within the community. These principles will be used as a basis for the research, community engagement, and work product by city staff. FINALLY,adopted this 22nd day of February2022. ______________________________________ Torre, Mayor ATTEST:APPROVED AS TO FORM: _______________________________________________ Nicole Henning,City Clerk James R True, City Attorney 104 Resolution 023-2022 City Buildings Reuse Plan Policy Resolution Page 1 of 2 RESOLUTION NO. 023 SERIES OF 2022 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL DIRECTING THE CITY MANAGER REGARDING THE STRATEGIES ASSOCIATED WITH THE REMODEL AND REUSE PLAN FOR THE ARMORY (130 S. GALENA ST.), OLD POWER HOUSE (490 N. MILL ST.), AND THE MAIN STREET CABIN (630 W. MAIN ST.) WHEREAS,the former city hall (AKA the Armory) is newly vacant due to the construction of a new city hall, the Old Power House (OPH) currently accommodates the Capital Asset department and Aspen Chamber Resort Association (ACRA), and the Main Street cabin houses the Special Events and Transportation departments; and, WHEREAS,the city is considering options for the future remodel and reuse of all three buildings; and, WHEREAS,City Council reviewed the conceptual programming of the OPH and Armory in work session on August 2, 2021, indicating that city staff offices should be removed from the Armory and Main Street cabin, the offices concentrated in the OPH, and that the Main Street cabin should be a residential use to support city operations; and, WHEREAS,a remodel and reuse plan for the Armory and the OPH was presented by city staff to the City Council at a work session on February 7, 2022, that outlined suggested initial programming for each building and a public engagement process and timeline to gather community feedback; and, WHEREAS,city staff seeks direction on the strategies and principles to be used guide the remodel and reuse process for the Armory; and, WHEREAS,this Resolution confirms direction provided to the City Manager for advancing the remodel and reuse plans for the Armory, OPH, and Main Street cabin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Confirmation of Requested Council Direction: The initial strategies to advance the remodel and reuse plan are: 1. City staff will progress the remodel and reuse plan anticipating that the OPH will house city departments and the Main Street cabin will become city-employee housing. 2. City staff will evaluate how the OPH may support outdoor programming of lawn space adjacent to the Roaring Fork River and contain historic interpretation elements. 105 Resolution 023-2022 City Buildings Reuse Plan Policy Resolution Page 2 of 2 3. City staff will progress the remodel and reuse plan for the Armory anticipating that the Armory will house the primary ACRA visitor center, primary ACRA office space, and as much community use as possible, including the Sister Cities Community Meeting Room. 4. Staff will conduct an efficientpublic engagement process as identified in the Council work session of February 7, 2022, with the anticipated completion being at the end of April 2022, to identify the potential community uses for the Armory. 5. The following guiding principles will frame the outreach, community discussion, and the staff recommendations to City Council: A. The remodel will respect the historic context and contribute to Aspen’s small- town character. B. The building remodel will incorporate sustainable systems showing a commitment to the environment. C. The Armory should be able to be used by a diverse range of people. D. The uses within the Armory should provide meaningful and affordable participation in programs and offerings. E. The operational structure of the Armory should limit the public financial burden of operating and maintaining the building. F. The programming of the Armory should contribute to a lively and diverse downtown. G. The programming of the Armory should focus on unmet needs within the community. These principles will be used as a basis for the research, community engagement, and work product by city staff. FINALLY,adopted this 22nd day of February2022. ______________________________________ Torre, Mayor ATTEST:APPROVED AS TO FORM: _______________________________________________ Nicole Henning,City Clerk James R True, City Attorney 106 Page 1 of 8 MEMORANDUM TO:Mayor Torre and Aspen City Council FROM:Scott Miller, Public Works Director THROUGH:Sara Ott, City Manager MEETING DATE:February 22, 2022 RE:Pitkin County IGA for Armory REQUEST OF COUNCIL:Staff requests approval of an Intergovernmental Agreement (IGA) between the City of Aspen and Pitkin County for temporary use of the Armory building at 130 South Galena Street. SUMMARY AND BACKGROUND: With the completion of the new city hall and the relocation of many departments out of the Armory, the building is currently mostly vacant. While City Council considers its options for future use of this facility, and then starts a design and construction project, the building will remain vacant most of 2022.Pitkin County is about to implement phase 3 of renovation of its Courthouse, which houses the 9th Judicial District court facilities, expected to take from March through September 2022.In order to limit disruption of court proceedings during this time, the Chief Judge has requested that the county find a temporary location where the court can continue to operate.Pitkin County finds that the Armory is of the size and physical location to meet this need. STAFF DISCUSSION:City and county staff have negotiated the attached IGA for temporary use of the Armory from March 2022 through September 2022.The county will do minimal renovations, largely using the building as-is.Appropriate security systems will be installed and operated, requiring all who enter the building during this agreement to be processed through this system, including the City of Aspen employees who will continue to use a portion of the building. The Pitkin County Sheriff’s Department, who is responsible for court facilities security, has requested that no other tenants be allowed to occupy remaining portions of the Armory while the 9th District Court uses the building RECOMMENDED ACTION: Staff requests Approval of attached IGA with Pitkin County for temporary use of the Armory building. ATTACHMENTS: Exhibit A: Resolution Exhibit B: IGA Exhibit C: Floor Plans 107 Page 2 of 8 Exhibit A: Armory Resolution EXHIBIT A RESOLUTION NO. 025 SERIES OF 2022 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR A TEMPORARY LEASE BY PITKIN COUNTY FOR THE ARMORY BUILDING (130 SOUTH GALENA STREET) WHEREAS,the former city hall (AKA the Armory) is newly vacant due to the construction of a new city hall; and, WHEREAS,the Armory will be vacant for most of the year 2022; and, WHEREAS,Pitkin County needs temporary to house the 9th District Court operations while completing a renovation project; and, WHEREAS,city staff and county staff have negotiated an IGA for temporary use of the Armory; and, WHEREAS,this Resolution confirmsapproval of that IGA,. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: The City Council of the City of Aspen agrees that the attached IGA is a fair agreement between both governments for the use of the Armory Building and approves said IGA. FINALLY,adopted this 22nd day of February2022. ______________________________________ Torre, Mayor 108 Page 3 of 8 ATTEST:APPROVED AS TO FORM: _______________________________________________ Nicole Henning,City Clerk James R True, City Attorney Exhibit B: Armory IGA 109 Page 4 of 8 110 Page 5 of 8 111 Page 6 of 8 112 Page 7 of 8 113 Page 8 of 8 114 EXHIBIT A RESOLUTION NO. 025 SERIES OF 2022 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR A TEMPORARY LEASE BY PITKIN COUNTY FOR THE ARMORY BUILDING (130 SOUTH GALENA STREET) WHEREAS,the former city hall (AKA the Armory) is newly vacant due to the construction of a new city hall; and, WHEREAS,the Armory will be vacant for most of the year 2022; and, WHEREAS,Pitkin County needs temporary to house the 9th District Court operations while completing a renovation project; and, WHEREAS,city staff and county staff have negotiated an IGA for temporary use of the Armory; and, WHEREAS,this Resolution confirms approval of that IGA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: The City Council of the City of Aspen agrees that the attached IGA is a fair agreement between both governments for the use of the Armory Building and approves said IGA. FINALLY,adopted this 22nd day of February2022. ______________________________________ Torre, Mayor ATTEST:APPROVED AS TO FORM: _______________________________________________ Nicole Henning,City Clerk James R True, City Attorney 115 ATTACHMENT B 1 INTERGOVERNMENTAL AGREEMENT By and Between The City of Aspen and County of Pitkin THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made this ________ day of February, 2022 by and between the Board of County Commissioners of Pitkin County, Colorado, whose address is 530 East Main Street, Suite 302, Aspen, Colorado 81611 ("the County”) and The City of Aspen, 427 Rio Grande Pl, Aspen, Colorado 81611 (“the City”). RECITALS WHEREAS, This Agreement is entered into pursuant to, inter alia, C.R.S. §§ 29-1-201, et seq., and Article XIV, Section 18 of the Colorado Constitution. WHEREAS, The Pitkin County Courthouse provides a central location for residents of Aspen, Snowmass, Basalt and unincorporated Pitkin County to access the 9th Judicial District for civil and criminal court proceedings. WHEREAS, The Courthouse was originally built in 1890, and is in need of modernization to address both the volume of cases in our community and the security needs of modern courts. WHEREAS, The County has completed two phases of modernization, and plans to complete the third and final phase of courthouse remodel in 2022. WHEREAS, The nature and scope of the work to be done will not allow the 9th Judicial District to operate in the courthouse while work is conducted. WHEREAS, It is the shared goal of the County and the 9th Judicial District to operate the courts with as little disruption for our shared constituents as possible. WHEREAS, In this spirit the Chief Judge of the 9th Judicial District has requested that we find a temporary, single location where the Courts can continue to operate while work is completed on the Courthouse. WHEREAS, With the City of Aspen vacating portions of the Armory, the City of Aspen and Pitkin County enter into this Intergovernmental Agreement for the purpose of temporarily relocating court services to the Armory while construction is completed on the Pitkin County Courthouse. WHEREAS, The Pitkin County Courthouse Phase III renovation is scheduled to begin in 116 ATTACHMENT B 2 early March 2022 through the end of September 2022. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual promises 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. Effective February 1, 2022 The City of Aspen, will: a. Transfer usage of the building in designated spaces per attached floor plan to the County for operations of the 9th judicial district court. b. Charge the County non-profit $30.00/sq. ft. rate for the areas dedicated strictly to Pitkin County and a reduced rate of $15.00/ sq. ft. for areas shared with the City and Public. (The attached floor plan specifies the designated uses). c. Continue to manage and maintain the current janitorial contract with reimbursement by the County based on County dedicated space on a quarterly basis. d. Continue to provide building services for maintenance and repairs, utilities and network without added cost to the County. e. Maintain and provide proof of the following insurance to Pitkin County during the time of this MOU against claims for injuries to persons or damages to property which may arise or in connection with the City's operation and use of the owned premises. The cost of such insurance and any related deductibles and/or self-insured retentions shall be borne by the City of Aspen. i. Commercial General Liability (CGL): written on an "occurrence" basis including products and completed operations, property damage, bodily injury, and personal and advertising injury with limits of no less than $3 million (USD) per occurrence. ii. Property Insurance against all risks of loss to the property. iii. Workers' compensation insurance as required by the State of Colorado with statutory limits and Employers' Liability Insurance with limits of $1 million (USD) per accident for bodily injury or disease. f. Agree to list Pitkin County, its elected and appointed officials, employees and volunteers as an Additional Insured on the CGL policy and will provide proof of insurance in the form of a Certificate of Insurance upon 117 ATTACHMENT B 3 inception of this Agreement and then annually or as the referenced policies are renewed and/or updated. 2. Effective March 1, 2022, Pitkin County: a. Change the exterior locks and modify the building for the security checkpoint and equipment and control during the duration of use, coordinating City employee access and return the system as was upon departure. b. Inhabit at total of 6,200/ sq. ft. at all levels except the third floor and will share 1,993/ sq. ft. of space on the first and second floors. It is estimated the length of occupancy will be seven months. However, the use may be shorter or longer depending on the Courthouse construction Project. i. Pitkin County will pay $15,429.00 monthly for dedicated space. ii. Pitkin County will pay $2,491.00 monthly for shared space. iii. Pitkin County will pay $5950.00 monthly for janitorial services, share of utilities costs (sewer, natural gas, electric, water, waste removal & evening security patrol). iv. Total amount of both dedicated, shared use space and janitorial services per month will be $23,870.00. c. Be responsible for snow removal for direct access into the building entrances and exits and parking spaces on the alley side of the building. The following areas are excluded from county responsibility: 1) public alley, 2) access city equipment, 3) park, 4) roof and overhangs and 5) public sidewalks. d. Take on parking management for the use of all parking spaces on the alley side of the building. The County will designate, sign, and enforce parking as needed. e.Maintain and provide proof of the following insurances to the City of Aspen during the time of this Agreement against claims for injuries to persons or damages to property which may arise from or in connection with the County's operation and use of the leased premises. The cost of such insurance and any related deductibles and/or self-insured retentions shall be borne by Pitkin County. i.Commercial General Liability (CGL): written on an "occurrence" basis including products and completed operations, property damage, bodily injury, and personal and advertising injury with limits of no less than $3 million (USD) per occurrence. ii.Property Insurance against all risks of loss to any County improvement, betterments, or property. iii.Workers' compensation insurance as required by the State of Colorado with statutory limits and Employers' Liability Insurance with limits of $1 million (USD) per accident for bodily injury or disease. 118 ATTACHMENT B 4 f. List the City of Aspen, its elected and appointed officials, employees, and volunteers as an Additional Insured on the CGL policy and will provide proof of insurance in the form of a Certificate of Insurance upon inception of this Agreement and then annually or as the referenced policies are renewed and/or updated. 3. Assignability. This agreement is not assignable by either party. 4. 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. 5. 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. 6. 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. 7. Termination Prior to Expiration of Term. Any Party has the right to terminate or withdraw from this Agreement, with or without cause, by giving written notice to the other Parties of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. Termination of the Agreement relieves the cancelling or withdrawing Party of any further responsibility under this Agreement except for specifically identified obligations of a continuing nature based upon past performance under the Agreement. If terminated by the City of Aspen, the County shall have 30 days to vacate the premises and shall continue the payments set forth in paragraph 2. b. and other obligations under paragraph 2, until the premises are vacated and accepted by the City. If terminated by the County, the County shall vacate the premises prior to the effective date of the termination. 6. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing 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 119 ATTACHMENT B 5 prescribed for personal service of a summons or other legal process. To: Pitkin County With copies to: County Manager’s Office Pitkin County Attorney’s Office 530 East Main Street, Ste. 302 530 East Main Street, Ste. 301 Aspen, CO 81611 Aspen, CO 81611 attorney@pitkincounty.com To: City of Aspen With Copies to: City Manager’s Office City of Aspen Attorney’s Office 427 Rio Grand Place 427 Rio Grande Place Aspen, CO 81611 Aspen, CO 81611 7. 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. 8. 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. 9. 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. 10. 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. 11. Attorney Fees. In the event that legal action is necessary to enforce any of the 120 ATTACHMENT B 6 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 fees. 12. 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. 13. Authority. Each person signing this Agreement represents and warrants that said person is fully authorized to enter into and execute this Agreement and to bind the party it represents to the terms and conditions hereof. The foregoing Agreement is approved by the Board of County Commissioners of Pitkin County, Colorado at its regular meeting held on the _____ day of , 2022. The foregoing Agreement is approved by the City of Aspen at its regular meeting held on the _____ day of , 2022. In Witness whereof, the parties hereto have caused this agreement to be executed as of the day and year first above written. THE CITY OF ASPEN By:_________________________ Torre, Mayor ATTEST: ____________________________ Nicole Henning Approved as to Form: ____________________________ James R. True, City Attorney BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM OF PITKIN COUNTY, COLORADO By:_______________________ By:__________________________ 121 ATTACHMENT B 7 Patti Clapper, Chair John Ely, County Attorney Manager Approval: ATTEST ____________________________ _____________________________ Jon Peacock, County Manager Julia Ely, Deputy County Clerk Form Revised 01-01-2022 122 123 124 125 126 MEMORANDUM TO: Aspen City Council FROM: Shirley Ritter, Director, Kids First THRU: Sara Ott, City Manager, Diane Foster, Assistant City Manager MEETING DATE:February 22, 2022 RE:Childcare Nurse Consultant contract PURPOSE: The purpose of this memo is to provide understanding of the childcare Nurse Consultant role and city council to approve a contract for this position. In past years this has been a staff position with Kids First. SUMMARY & BACKGROUND: The previous Nurse Consultant employed with Kids First left that position on October 8, 2021. We worked with Human Resources to post and advertise that role since that time. This role is important to the overall quality of our licensed childcare programs and has tremendous impact for the programs in the area of child health. It also serves to meet the State of Colorado licensing requirement to have a childcare health consultant. The childcare programs use the nurse consultant in a wide variety of ways including health screenings, environmental knowledge, immunization record keeping, communicable disease management, and emergency preparedness. Attached is the scope of work for this position with many more services offered. Attachment A – Contract Attachment B – Scope of services provided DISCUSSION: Over the 5 months that this position was advertised, we had 3 applicants. One of those applicants fit the need we are hoping to fill. That applicant was not available for a full-time staff position but was interested in contracting through Kids First to support the programs. This person, Heather Prokaski, acts as a childcare health consultant (CCHC) to programs in Garfield County. This work lends itself well to a contract role since the scope is well defined at this point. We had over 6 years of working with nurse on staff to understand the unmet need and develop this scope of work. Kids First staff has met numerous times and is in agreement with Heather about ways to deliver these services and to connect with the related work that Kids First does to improve quality in the childcare programs. If we are not able to provide this service to the childcare programs, they will either be out of compliance with childcare licensing or will have to find and contract individually with a nurse to meet the licensing requirement. Kids First has been able to exceed the licensing requirement with this work, resulting in more contact hours, higher quality in the programs, and better outcomes for children’s health. 127 2 FINANCIAL IMPACTS: The Nurse Consultant staff position was budgeted for approx. $93,130 for 2022 as a FT position. Kids First has a budget for professional services that can be used for this purpose, the contract annual amount is $65,000. RECOMMENDED ACTION:Staff recommends council approval of resolution 22-026 to authorize contracting to provide Nurse Consulting services to the licensed childcare programs. ALTERNATIVES:Council could choose to not approve this contract and have each childcare program find and contract with individual childcare health consultants. City Manager Comments: Attachments: A: Contract for childcare health consulting services B: Scope of services provided C: Resolution 22-026 128 RESOLUTION #26 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, IN SUPPORT OF A CONTRACTED EARLY CHILDHOOD NURSE CONSULTANT. WHEREAS, the City of Aspen and Kids First recognize the importance of supporting child health in licensed childcare programs by providing childcare health consulting by a registered nurse; and WHEREAS, providing quality, child health services such as health screenings, environmental knowledge, immunization record keeping, communicable disease management, and emergency preparedness, are a cornerstone of high quality early childhood care and education; and WHEREAS, meeting and expanding upon the minimum requirements of the State of Colorado for nurse consulting by supporting childcare programs with child health expertise increases childcare quality; and WHEREAS, the City of Aspen seeks to work closely with early childhood educators and families to provide skills to maximize child health; NOW THEREFORE, BE IT RESOLVED that the City of Aspen Mayor and City Council officially approves the annual contract between the City of Aspen and Heather Prokaski for early childhood nurse consulting. INTRODUCED, READ AND ADOPTED by the City Council of the Cit y of Aspen on the 22 nd day of February 2022. ________________________________ Torre,Mayor I, Nicole Henning,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 Aspen, Colorado ,at a meeting held February 22, 2022. ____________________________________ Nicole Henning, City Clerk 129 Nurse Consultant Scope of Services -2022 Consultation Responsible for applying skills and knowledge to plan and implement quality childcare health consultation activities and experiences within the childcare setting. Knows Colorado immunization requirements and the status of children in the program. Works closely with the Kids First Director and childcare directors and/or the appointed healthcare liaison to assist the childcare programs with communicable disease management. Identifies needed improvements in childcare required health care procedures. Provide information, education, and resources on health and safety topics including but not limited to: nutrition and obesity prevention, injury prevention, oral health, playground and classroom safety, early childhood development, environmental health, staff health, illness policies, and disaster planning including, illness outbreaks, or natural disasters that would affect childcare operations and child safety. Communicates with the appointed health liaison in each childcare program. Assist the childcare program with communicable disease management. Identify improvements for childcare program regarding health and safety policy and procedures and support the program in implementing changes. Provide training and delegation to childcare staff for “routine” and emergency medications necessary for a student during the school day. (Medication Administration Training) Help childcare staff manage medical procedures during the school day of children with special health care needs including providing an Individualized Health Plan to the program/family/health care provider. Provide training to childcare staff on illness prevention, daily health checks, hand washing and diaper changing technique (Standard Precaution training). Provide knowledge, resources and assistance with Colorado immunization record requirements including identifying the immunization status of children in the program, transcribing immunization information and calculating program immunization/exemption rates. Work closely with the childcare director to develop and implement a health and fitness policy and procedures plan. Provide parent education on health and safety topics. Provide health and nutritional education and resources including promotion of healthy child development, staff and/or parent trainings. Provide vision, hearing, and dental screenings to all children in childcare programs; ensuring results are shared with program and parents. Coordinate referrals to child find and developmental services from the childcare program or family if developmental concerns have been observed. Provide contact information for CCHC if questions arise between visits to the program. Availability to confer with parents and childcare staff as needed. Assess ongoing training needs and opportunities in childcare programs. Keep childcare staff up to date on the latest information regarding communicable disease and general health concerns in the community. 130 Maintain documentation of consulting hours, topics, and trainings provided to childcare staff and families. Additionally: Consideration will be made for work that may not fit into the above options, but that improves quality in the area of child health. The Nurse Consultant will attend regular Kids First staff meetings, childcare director meetings, and public health school meetings as needed and mutually agreed to. The Nurse Consultant will use secure electronic files and emails for any confidential information The Nurse Consultant will provide a current copy of their nursing license to Kids First; and to childcare programs upon request. Demonstrates sound judgment, focusing on quality improvement, managing, and resolving conflict, fostering a culture of accountability, clearly defining responsibilities and expectations, setting goals, providing motivation and performance feedback, recognizing contributions, and encouraging training and development. City Organizational Values Supports and models the Cityof Aspen organizational values: Service, Partnership, Stewardship, and Innovation. Organizational values are shared principles that guide behavior across the organization. 131 Agreement Professional Services Page 0 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2022-073 AGREEMENT made this 9 day of February, in the year 2022. BETWEEN the City: Contract Amount: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: Heather Prokaski 0600 County Road 138 Glenwood Springs, Co 81601 Phone: 720-587-9050 For the Following Project: Kids First Nurse Consultant annual contract for services, not to exceed $65,000 Exhibits appended and made a part of this Agreement: The City and Professional agree as set forth below. If this Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: March 1, 2022 Resolution No.:___________________ Exhibit A: Scope of Work. Exhibit B: Fee Schedule. Total: $ 65,000 Annual contract, March 1, 2022 to February 28, 2023 DocuSign Envelope ID: EB967C19-8E07-4A86-9E1B-026F7152F7F5 132 Agreement Professional Services Page 1 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than February 28, 2023. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to DocuSign Envelope ID: EB967C19-8E07-4A86-9E1B-026F7152F7F5 133 Agreement Professional Services Page 2 use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any DocuSign Envelope ID: EB967C19-8E07-4A86-9E1B-026F7152F7F5 134 Agreement Professional Services Page 3 claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided to the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies DocuSign Envelope ID: EB967C19-8E07-4A86-9E1B-026F7152F7F5 135 Agreement Professional Services Page 4 shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non- discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete DocuSign Envelope ID: EB967C19-8E07-4A86-9E1B-026F7152F7F5 136 Agreement Professional Services Page 5 performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101 Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21- 1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and (2)(b)(III) as it relates to the employment of and contracting with a “worker without authorization” which is defined as an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States. As amended, the current law prohibits all state agencies and political subdivisions, including the Owner, from knowingly hiring a worker without authorization to perform work under a contract, or to knowingly contract with a Consultant who knowingly hires with a worker without authorization to perform work under the contract. The law also requires that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. Definitions. The following terms are defined by this reference are incorporated herein and in any contract for services entered into with the Owner. 1. "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United States Department of Homeland Security and the social security Administration, or its successor program. 2. "Department program" means the employment verification program established pursuant to Section 8-17.5-102(5)(c). 3. "Public Contract for Services" means this Agreement. 4. "Services" means the furnishing of labor, time, or effort by a Consultant or a subconsultant not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. 5. “Worker without authorization” means an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States By signing this document, Consultant certifies and represents that at this time: 1. Consultant shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services; and DocuSign Envelope ID: EB967C19-8E07-4A86-9E1B-026F7152F7F5 137 Agreement Professional Services Page 6 2. Consultant has participated or attempted to participate in either the e-verify program or the department program in order to verify that new employees are not workers without authorization. Consultant hereby confirms that: 1. Consultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the Consultant that the subconsultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 3. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. 4. Consultant shall not use the either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. If Consultant obtains actual knowledge that a subconsultant performing work under the Public Contract for Services knowingly employs or contracts with a worker without authorization, Consultant shall: 1. Notify such subconsultant and the Owner within three days that Consultant has actual knowledge that the subconsultant is employing or subcontracting with a worker without authorization: and 2. Terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this section the subconsultant does not stop employing or contracting with the worker without authorization; except that Consultant shall not terminate the Public Contract for Services with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with a worker without authorization. Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8- 17.5-102 (5), C.R.S. If Consultant violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising out of Consultant’s violation of Subsection 8-17.5-102, C.R.S. It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. DocuSign Envelope ID: EB967C19-8E07-4A86-9E1B-026F7152F7F5 138 Agreement Professional Services Page 7 If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. 17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 18. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 19. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. DocuSign Envelope ID: EB967C19-8E07-4A86-9E1B-026F7152F7F5 139 Agreement Professional Services Page 8 (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 20. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obl igations hereunder without the written consent of the other party. 21. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Professional or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Professional because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 22. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. 23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of t he parties in the negotiation, review or drafting of the Agreement. 24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently DocuSign Envelope ID: EB967C19-8E07-4A86-9E1B-026F7152F7F5 140 Agreement Professional Services Page 9 debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 25. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Professional understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 26. Authorized Representative. The undersigned representative of Professional, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Professional for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: ________________________________ ______________________________ [Signature] [Signature] By: _____________________________ By: _____________________________ [Name] [Name] Title: ____________________________ Title: ____________________________ Date: ___________________ Date: ___________________ Approve as to Form: _____________________ City Attorney General Conditions and Special Conditions can be found on City of Aspen Website. https://www.cityofaspen.com/497/Purchasing DocuSign Envelope ID: EB967C19-8E07-4A86-9E1B-026F7152F7F5 2/10/2022 | 12:07:27 PM MST Heather Prokaski RN, CCHC 141 Agreement Professional Services Page 10 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT Consultation  Responsible for applying skills and knowledge to plan and implement quality childcare health consultation activities and experiences within the childcare setting. Knows Colorado immunization requirements and the status of children in the program. Works closely with the Kids First Director and childcare directors and/or the appointed healthcare liaison to assist the childcare programs with communicable disease management. Identifies needed improvements in childcare required health care procedures.  Provide information, education, and resources on health and safety topics including but not limited to: nutrition and obesity prevention, injury prevention, oral health, playground and classroom safety, early childhood development, environmental health, staff health, illness policies, and disaster planning including, illness outbreaks, or natural disasters that would affect childcare operations and child safety. Communicates with the appointed health liaison in each childcare program.  Assist the childcare program with communicable disease management.  Identify improvements for childcare program regarding health and safety policy and procedures and support the program in implementing changes.  Provide training and delegation to childcare staff for “routine” and emergency medications necessary for a student during the school day. (Medication Administration Training)  Help childcare staff manage medical procedures during the school day of children with special health care needs including providing an Individualized Health Plan to the program/family/health care provider.  Provide training to childcare staff on illness prevention, daily health checks, hand washing and diaper changing technique (Standard Precaution training).  Provide knowledge, resources and assistance with Colorado immunization record requirements including identifying the immunization status of children in the program, transcribing immunization information and calculating program immunization/exemption rates.  Work closely with the childcare director to develop and implement a health and fitness policy and procedures plan.  Provide parent education on health and safety topics.  Provide health and nutritional education and resources including promotion of healthy child development, staff and/or parent trainings.  Provide vision, hearing, and dental screenings to all children in childcare programs; ensuring results are shared with program and parents.  Coordinate referrals to child find and developmental services from the childcare program or family if developmental concerns have been observed.  Provide contact information for CCHC if questions arise between visits to the program.  Availability to confer with parents and childcare staff as needed.  Assess ongoing training needs and opportunities in childcare programs.  Keep childcare staff up to date on the latest information regarding communicable disease and general health concerns in the community.  Maintain documentation of consulting hours, topics, and trainings provided to childcare staff and families. DocuSign Envelope ID: EB967C19-8E07-4A86-9E1B-026F7152F7F5 142 Agreement Professional Services Page 11 Additionally:  Consideration will be made for work that may not fit into the above options, but that improves quality in the area of child health.  The Nurse Consultant will attend regular Kids First staff meetings, childcare director meetings, and public health school meetings as needed and mutually agreed to.  The Nurse Consultant will use secure electronic files and emails for any confidential information  The Nurse Consultant will provide a current copy of their nursing license to Kids First; and to childcare programs upon request. Demonstrates sound judgment, focusing on quality improvement, managing, and resolving conflict, fostering a culture of accountability, clearly defining responsibilities and expectations, setting goals, providing motivation and performance feedback, recognizing contributions, and encouraging training and development. City Organizational Values Supports and models the City of Aspen organizational values: Service, Partnership, Stewardship, and Innovation. Organizational values are shared principles that guide behavior across the organization. DocuSign Envelope ID: EB967C19-8E07-4A86-9E1B-026F7152F7F5 143 Agreement Professional Services Page 12 EXHIBIT B PROFESSIONAL SERVICES AGREEMENT Fee Schedule $65 per hour for direct service hours providing consulting, training, and child health support to Pitkin County licensed early childhood programs. Work is to be paid hourly, invoiced monthly, not to exceed 20 hours average per week. Invoice received by Kids First by the 5th of the following month that services are provided will be paid by the 15th of that month. If invoice is received later, payment may be delayed. DocuSign Envelope ID: EB967C19-8E07-4A86-9E1B-026F7152F7F5 144 MEMORANDUM TO:Mayor Torre and Aspen City Council FROM:Sara Ott, City Manager MEETING DATE:February 22, 2022 RE:Termination of Emergency Declaration for COVID-19 REQUEST OF COUNCIL:It is requested City Council terminate the Emergency Declaration established on March 12, 2020, and ratified by City Council in a special meeting on March 13, 2020. SUMMARY AND BACKGROUND: On March 12, 2020, the City Manager declared a local emergency in response to COVID-19 positive cases within the City of Aspen.This action, consistent with legal requirements, was ratified by Aspen City Council on March 13, 2020 in Resolution 20-2020. To terminate the emergency declaration, action by the City Council to end the declaration is necessary. STAFF DISCUSSION: It’s been a crazy 712 days and nights since the initial COVID-19 emergency declaration in Aspen. The final Pitkin County public health order impacting the Aspen community expires on February 22, 2022. With this expiration,the City Manager not longer needs to exercise emergency authorities to manage the presence of disease in the community and/or city facilities. The action being recommended does not remove the action of Council in resolution 90-21, and later updated in resolution 13-22, that places mask, vaccination,and testing requirements for staff, guests and performers at the Wheeler Opera House. The requirements of this resolution expire on April 15, 2022. If Council wishes to discuss possibly amending or ending these requirements sooner, please provide direction to bring the topic to the March 8, 2022 regular Council meeting. RECOMMENDATION: The City Manager recommends approval of the resolution to direct the City Manager to terminate the emergency declaration. Attachments: March 12, 2020 Emergency Declaration Resolution 20-2020 145 A DECLARATION OF LOCAL DISASTER EMERGENCY on March 12, 2020 WHEREAS, pursuant to the Colorado Disaster Emergency Act, C.R.S., Section 24-33.5-701, et seq., the City of Aspen ("City") has identified a local disaster currently present in the City, to wit, the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from COVID- 19 requiring emergency action to avert danger or damage and to protect public health; and WHEREAS, the cost and magnitude of responding to and recovery from the impact of COVID-19 is far in excess of the City's available resources; and WHEREAS the Colorado Governor Jared Polis and Colorado Department of Public Health and Environment have indicated the likelihood of community transmission of COVID-19 within the Cityof Aspen on March 11, 2020; and WHEREAS, it would be appropriate and in the interests of the public.health and safety, and would further protect property, for the City to take immediate actions for public safety, health and welfare; and WHEREAS, pursuant to C.R.S. § 24-33.5-709, Aspen Municipal Code Chapter 4.12, and the emergency management and operations plans and resolutions of Aspen, Colorado, the City Manager is authorized to declare a local disaster emergency. NOW, THEREFORE, THE CITY MANAGER OF THE CITY OF ASPEN HEREBY DECLARES THE FOLLOWING: Section 1. That there is a local disaster emergency in the City of Aspen, Colorado, to wit, the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from COVID- 19 requiring emergency action to avert danger or damage. Section 2. That the effect of this declaration of disaster shall be to activate the response and recovery aspects of any and all applicable local and interjurisdictional disaster emergency plans and to seek and authorize the furnishing of aid and assistance under such plans. Section 3. That City of Aspen residents, businesses and visitors are encouraged to remain informed, follow the U.S. Center for Disease Control guidance for mitigation strategies for communities with local COVID-19 transmission. Section 4. That this declaration shall be effective upon the date and time given below and shall remain in effect for a period not to exceed seven days thereafter except by or with the consent of a majority of the members of the City Council. Two copies will be filed promptly with the Pitkin County Emergency Manager, the Colorado Office of Emergency Management, the Pitkin County Clerk and Recorder and the City Clerk and shall be promptly distributed to the appropriate representatives of the news media. Dated: March 12, 2020, Time: 1'4' Oi THE CITY OF ASPEN, a Colorado Home Rule Mu ality, by a through its City Manager 7,-- 6-6 -.;" Sara G. Ott, City Manager 146 mV Emergency Administrative Order #1-2020 CITY OF ASPEN By City Manager Sara G. Ott Whereas, an emergency declaration for the City of Aspen, Colorado, was executed on March 12, 2020; and Whereas, in the interest of public safety it is the responsible and proactive approach to implement mitigation strategies to limit the transmission of COVID-19 within the city limits; Whereas, local resources of the city of Aspen are not sufficient to immediately implement mitigation strategies in all non-essential public facilities; and Whereas, maintaining healthy work environments is important for personal and community health, including keeping first responders and essential government services operating. Now therefore, I, Sara Ott, City Manager of Aspen, Colorado issue the following emergency administrative orders to be implemented by the staff of the City of Aspen: Section 1: The following facilities shall be closed to the general public through March 31, 2020. Events and programming in these facilities shall be cancelled until March 31, 2020. This date may be extended in the future. Aspen Recreation Center Aspen Ice Garden Red Brick Recreation Center Red Brick Art Gallery and meeting rooms Aspen Golf Simulator Wheeler Opera House Section 2: Recreational classes and programs, City advisory boards and commission meetings and City sponsored public open houses are cancelled through April 15, 2020. Section 3: Regular city council meetings, Historic Preservation Commission, Board of Adjustments and Planning Commission will continue as scheduled. The public can expect some changes to accommodate social distancing. Section 4: Basic social distancing practices shall be implemented in City buildings. The public is encouraged to use telephone and online resources for accessing government services when reasonably possible. Section 5: Additional restrictions and possible cancellations of special events should be announced shortly. Date: March 12, 2020 Time: Sara G. Ott, City Manager 147 RESOLUTION #030 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TERMINATING THE EMERGENCY DECLARATION OF MARCH 12, 2020, RATIFIED BY CITY COUNCIL PURSUANT TO RESOLUTION NO. 20, SERIES OF 2020. WHEREAS, in 2020, pursuant to the Colorado Disaster Emergency Act, C.R.S., Section 24-33.5-701, et seq., the City of Aspen (“City”) identified a local disaster within the City, to wit, the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from COVID-19 requiring emergency action to avert danger or damage and to protect public health; and WHEREAS, pursuant to C.R.S. § 24-33.5-709, Aspen Municipal Code Chapter 4.12, and the emergency management and operations plans and resolutions of Aspen, Colorado, on March 12, 2020, at 14:07 Mountain Daylight Time, the City Manager declared a local disaster emergency (the “Declaration”). Such Declaration was ratified by City Council as required by law on March 13, 2020, pursuant to Resolution No. 20, Series of 2020; and WHEREAS, the City Council desires to terminate the Declaration; and WHEREAS, pursuant to C.R.S. § 24-33.5-709(2), “[a]ny order or proclamation … terminating … a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the county clerk and recorder … and with the office of emergency management.” NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT, the Declaration of Local Disaster Emergency for the City of Aspen, Colorado of March 12, 2020 as ratified by the City Council in Resolution #20, Series of 2020, is hereby rescinded, effective immediately. Provided, however, that this Resolution shall not terminate Resolution #90, Series of 2021, as later updated pursuant to Resolution #13, Series of 2022, concerning the Wheeler Opera House and performances and activities therein. 148 INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 22 nd day of February 2022. Torre, Mayor I, Nicole Henning, 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, February 22, 2022. Nicole Henning, City Clerk 149 CITY OF ASPEN, COLORADO CITY COUNCIL RESOLUTION # 20 Series of 2020) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, EXTENDING THE CITY OF ASPEN EMERGENCY DECLARATION OF MARCH 12, 2020 FOR COVID-19 LOCAL DISASTER WHEREAS, pursuant to the Colorado Disaster Emergency Act, C.R.S., Section 24-33.5-701, et seq., the City of Aspen ("City") has identified a local disaster currently present in the City,to wit,the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from COVID- 19 requiring emergency action to avert danger or damage and to protect public health; and WHEREAS, the cost and magnitude of responding to and recovery from the impact of COVID-19 is far in excess of the City's available resources; and WHEREAS the Colorado Governor Jared Polis and Colorado Department of Public Health and Environment have indicated the likelihood of community transmission of COVID-19 within the City of Aspen on March 11, 2020; and WHEREAS, pursuant to C.R.S. § 24-33.5-709, Aspen Municipal Code Chapter 4.12, and the emergency management and operations plans and resolutions of Aspen, Colorado, on March 12, 2020, at 14:07 Mountain Daylight Time, the City Manager declared a local disaster emergency. A copy of the declaration is attached hereto. Pursuant to C.R.S. §24-33.5-709 (1),the declaration shall not be continued or renewed for a period of in excess of seven days except by or with the consent of the City Council; and, WHEREAS, the City Council finds that it is appropriate and in the interests of the public health, safety, and welfare and would further protect property,for the City Council to ratify the actions of the City Manager and to extend the declaration until such time as the City Council terminates such declaration. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, Section 1. That the City Council hereby confirms, determines, and declares that there is a local disaster in Aspen,Colorado,to wit,the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from COVID-19 virus, including the presences and likelihood of additional cases, requiring emergency action to avert danger or damage. Section 2. That the effect of this declaration of disaster shall be to continue the response and recovery aspects of any and all applicable local and interjurisdictional disaster emergency plans and to authorize the furnishing of aid and assistance under such plans,including, but not limited to aid and assistance requested or required to support Pitkin County.'Colorado. 150 Section 3. That the City Manager is directed and authorized to continue coordination with internal and external partners and to direct city staff as appropriate and necessary to address the local disaster emergency. Section 4. That the City Council directs the City Manager to implement steps for long term continuity of government services. Section 5. That the City Council hereby ratifies and adopts the actions of the City Manager and hereby extends the Declaration of Local Disaster Emergency until such time as the City Council terminates such declaration. Section 6. That the City Clerk is directed to ensure this resolution and declaration is promptly filed with the Pitkin County Clerk and Recorder, the Pitkin County Emergency Manager, and shall be distributed to the appropriate representatives of the news media. BE IT FURTHER RESOLVED that this Resolution shall be effective upon the date and time given below. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 13th day of March 2020, at p.m., Mountain Daylight Time. Torre, Mayor I, Nicole Henning, 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 As n,Colorado, at a meeting held on March 13, 2020, f Nicole Henning, City Clerk 151 1 REGULAR MEETING ASPEN CITY COUNCIL FEBRUARY 8TH, 2022 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Hauenstein, Richards, and Mesirow in attendance via WebEx. Mayor Torre introduced a proclamation for the National Brotherhood of Skiers. He read the proclamation and welcomed them to Aspen. COUNCIL COMMENTS: Councilor Doyle thanked Shannon for all her help,and we are all looking forward to meeting in person. Councilor Richards said we’ve reached the midpoint of winter. We have many blue bird days, but there is black ice out there so be careful. Mayor Torre asked Councilor Richards to give a motion to contribute the $5000 to the recovery foundation fund for the Boulder County fire; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Mayor Torre said it’s not a lot but it’s our way of supporting them. Please go onto commfound.org to donate from the public and help our front range neighbors out. Babs at Big Wrap is a point of contact for the community on this as well. Councilor Hauenstein said the incident rate in Pitkin County is still above where we like to see, but AVH is in good shape for caring for people. He doesn’t feel the community is at much of a risk than before. The Board of Health will be making a decision on the 10 th, and he is hoping we can remove the mask mandate in light of this. Councilor Mesirowoffered the same. We need to look at whole picture and we’re in different place now. The balance has shifted and there is more harm from the mental and social elements being done now and that’s a new thing. He supports removal of the mask mandate. Councilor Richards saidshe’s at the center of the seesaw. She’s concerned about visitors still coming in and she can’t say whether to keep it or get rid of it. Mayor Torre said he will share the agenda with them as soon as he gets it and we will get our voice together. Mayor Torre wants to encourage people to check out aspenfilm.org. They have a lot of partnerships throughout the valley. They have a lot of diverse programming. Laura Whitley will be at Skye Gallery tomorrow and is embarking on a new art project. There will be a DJ and drinks and is a great local’s event. She will be erecting a large open air meditation pyramid down valley. It’s an amazing project with a lot of locals involved. Michaela Shiffrin is racing tonight at 6 p.m. He’s extremely proud of this council and our staff. it’s apparent to him how much work we are taking on. We get different input about whether it’s the moratorium or changes to parking or downtown. These are days and opportunities to really move our community in a way that best suits our community for sustainability. We are asking a lot of our staff and each other. Councilor Doyle gave a shout out to Ryan Cochran Siegel who won silver. It was a huge day for US downhill skiing. 152 2 REGULAR MEETING ASPEN CITY COUNCIL FEBRUARY 8TH, 2022 CITY MANAGER COMMENTS: City Manager, Sara Ott, said the funds for Boulder will be chargedto the council discretionary budget. She will be forwarding an interesting article about inequality in ski towns, which was published yesterday in Desert News, and highlights Aspen quite a bit. BOARD REPORTS: Councilor Richards saidthere is no APCHA this week, but on the 16th. The Reudi Power & Water Authority will be having a mini retreat and she will be attending. There is a CML call coming on Friday for state legislature. Next week there is a policy committee for Club 20. Councilor Doyle has the Nordic Council next week and the CML conference next week in Denver. Councilor Mesirow said he had NWCOG in which they drafted an outline for a policy statement for state legislatures. They received mental health reports from different counties, and a lengthy jobs report regarding the great resignation/reshuffling. They had APCHA a week ago and they got a Hometrek quarterly report and is on the public website. We worked on a communication plan including social media and newspapers. Councilor Hauenstein said he had a CCLC meeting and continued to review and choose the Saturday Market vendors. He also has a CORE meeting this Thursday. Wheeler and RFTA are coming up along with Sister Cities. Friday is the Pitkin County Housing Coalition, so there is a lot coming up. Mayor Torre said he has the Board of Health, Wheeler, and an ACRA retreat coming up on the 22 nd. He also has RFTA. CONSENT CALENDAR: Mayor Torre said he wanted to bring up a clarification on Resolution #015, Series of 2022 – Recreation Facility Master Plan Project. Councilor Hauenstein said he doesn’t think the GMQ’s program meets their needs. We need a more meaningful matrix on growth. Councilor Richards moved to approve the consent calendar; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. PUBLIC HEARINGS: Ordinance #01, Series of 2022 – Amending Title 5 Marijuana and Alcoholic Beverages -James R. True, City Attorney. Mr. True said this was brought forward by the Local Licensing Authority pursuant to Resolution #01 for the adoption of these amendments. These changes clarify various issues that have come up with the board over the years. Mayor Torre opened public comment. Mayor Torre closed public comment. 153 3 REGULAR MEETING ASPEN CITY COUNCIL FEBRUARY 8TH, 2022 Councilor Doyle moved to approve Ordinance #01, Series of 2022; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. ACTION/WORK SESSION ITEMS: EOTC Work Plan Amendments – David Pesnichak Mr. Pesnichak reviewed the amendments with council. Councilor Richards said she would like to see another EOTC retreat scheduled, and she is disappointed. She said the open space issue regarding the entrance to Aspen should be included in this. Ms. Ott said it’s a timing issue. Councilor Hauenstein said thank you to Mr. Pesnichak and he will support this. Councilor Hauensteinmotioned to approve the amendments; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, no; Torre, yes. 4-1, motion carried. Affordable Housing Strategic Plan – Assistant City Manager, Diane Foster Council held a lengthy discussion on the housing plan which Ms. Foster presented. ______________________________ City Clerk, Nicole Henning 154 MEMORANDUM TO:Mayor and City Council FROM:Diane Foster, Assistant City Manager THROUGH:Sara Ott, City Manager MEMO DATE:February 14, 2022 MEETING DATE:February 22, 2022 RE:Proposal to Create a Regional Housing Coalition Letter of Intent/Invitation to Participate REQUEST OF COUNCIL: Review proposal to create a regional housing coalition and consider approving the attached Letter of Intent. SUMMARY AND BACKGROUND: For approximately the past three and a half years a group of affordable housing advocates from municipalities and counties throughout the valley have been working to promote regional collaboration. This group, the Greater Roaring Fork Valley Housing Coalition commissioned a regional housing study in 2019 and also worked to great a more formal governance structure to support the group. APCHA staff participated as a member of this group in 2018 and 2019. The COVID-19 pandemic interrupted this work for a short period of time; their efforts restarted in the early fall of 2021. At the direction of the City Manager and in alignment with the Affordable Housing Goal in City Council’s August 2021 Priority Goal Resolution, the Assistant City Manager began participating in meetings of this group in the fall of 2021. Concurrent to the reinitiating of the Greater Roaring Fork Valley Housing Coalition, a group of Roaring Fork local governments was awarded a “Resiliency and Recovery Roadmap” planning grant by the State of Colorado. Through a stakeholder engagement process including non-profits, private sector and public sector entities, the resounding consensus of the group was to focus on workforce sustainability – and affordable housing rose to the top of the stakeholders’ priority list. City staff has also been participating regularly in the Roaring Fork Resiliency & Recover Roadmap process, led by Pitkin County’s Assistant to the County Manager. 155 Through many discussions about governance structure and process, the group has determined the best structure for supporting regional collaboration around affordable housing would be a to create a nonprofit that could be responsible for implementing regional housing programs, policies, and initiatives. This model has been successfully implemented in other communities. DISCUSSION: As discussed in the 2019 Greater Roaring Fork Regional Housing Study https://www.apcha.org/DocumentCenter/View/1197/Final-ReportGreater-Roaring-Fork-Regional-Housing- Study20190417?bidId=,housing prices throughout the valley have skyrocketed and the need for affordable housing in every ]Roaring Fork Valley and Colorado River Valley community has intensified. During its December 2021 Housing Retreat the Aspen City Council discussed the need for regional collaboration on the issue of affordable housing. Regional collaboration is called out as one of the Priority Action Items in the draft 2022-2026 Affordable Housing Strategic Plan. After evaluating multiple structure types, the two aforementioned groups determined that a non-profit structure had some significant advantages over other governance structures, namely: Nonprofits can take advantage of loans and funding opportunities that may be prohibitive for political subdivisions/local governments to access due to TABOR limitations. Nonprofits, if a qualified 501(c)(3), can raise charitable contributions to put toward programming. Provides an avenue for other nonprofits and stakeholder engagement not always feasible in government structures. Provides political independence from the government institutions. One of the value points is that the nonprofit will be able to easily work across governmental lines throughout the region. At this point in time, the access to funding is perhaps the most significant advantage. The initial list of participants includes those jurisdictions that have been most active in these discussions and are the ones deemed more likely to approve this Letter of Intent within the next month. Other local governments have participated more recently and may sign on at a later date; the decision to put this agreement forward at this point was made to facilitate the nonprofit’s creation as soon as possible so as not to miss upcoming grant funding opportunities currently in the pipeline. FINANCIAL IMPACTS: This request for $10,000, if approved by City Council, would come out of the city’s Affordable Housing Development Fund (Fund 150), as recommended by the 156 Finance Director. If approved, staff will make a formal appropriation request as part of the 2022 Spring Supplemental. While there could be future requests from the nonprofit organization that would be created, approving this Letter of Intent does not commit the city to any future funding of this organization. If approved, the funds will be held by a fiscal sponsor: the Garfield County Housing Authority’s foundation that exists for the purpose of collecting charitable contributions. For more information on this foundation: http://garfieldhousing.com/uncle- bob-foundation/Importantly, any expenditures until the nonprofit is formed will be approved by majority of members that sign on to this Letter of Intent. Upon formation, all funds will be transferred to the nonprofit and responsibility of expenditures will be subject to the new non-profit’s Board of Directors authority and approval. RECOMMENDATIONS: Staff recommends City Council approve the Letter of Intent and support staff’s continued participation in this process. CITY MANAGER COMMENTS: ATTACHMENTS: Proposal to Create a Regional Housing Coalition Letter of Intent/Invitation to Participate 157 PROPOSAL TO CREATE A REGIONAL HOUSING COALITION LETTER OF INTENT/INVITATION TO PARTICIPATE February 3, 2022 Background The Greater Roaring Fork Valley Housing Coalition originally convened in 2018 as an informal vehicle to promote regional collaboration and cooperation across a team of municipalities and counties on matters relating to affordable housing, primarily for the region’s workforce but also for seniors and those in need of affordable and supportive housing. In 2019, the Coalition commissioned the Greater Roaring Fork Regional Housing Study with the purpose to create a common language with uniformly-collected information and analysis to address regional problems. After a pause due to Covid, the Coalition has reconvened due to the even further exacerbated housing crisis in the region. Simultaneously, the Roaring Fork region was awarded a State of Colorado “Resiliency and Recovery Roadmap” planning grant with the intent of developing strategic regional housing initiatives that builds upon the 2019 Regional Study. Over the past two months, the Greater Roaring Fork Housing Coalition Steering Committee and Roadmap Planning Committee have been meeting regularly to determine how the two efforts can leverage the resources and capacity available to meaningfully address the regional housing needs. Regional Housing Coalition Nonprofit The Greater Roaring Fork Valley Housing Coalition Steering Committee and the Roadmap Planning Committee desire to create a Colorado nonprofit corporation to facilitate regional collaboration and cooperation to address regional housing issues and serve as an implementation arm to regional housing strategic programs, policies and initiatives. Mission The mission of the Coalition, and eventual nonprofit entity, is to increase the availability and accessibility of affordable community housing in the region, including but not limited to, senior housing, affordable and supportive housing, workforce housing (up to 150% of AMI) and meet other housing needs that may arise. 158 Letter of Intent/Invitation to Participate Page 2 of 6 Purpose Create a formal nonprofit regional housing structure to meet the above stated mission and: 1. Promote regional collaboration and cooperation in order to effectively address the housing needs of the community including residents, seniors, and other short- and long-term housing needs. 2. Educate and advocate for the region’s unique housing needs. 3. Serve as a resource for the government entities, affordable housing providers and employers by researching and providing information regarding successful affordable housing policies and strategies, financing and grant opportunities, public/private development opportunities, state and federal legislation and programs relating to affordable housing, and other topics. 4. Update and leverage the 2019 Greater Roaring Fork Valley Regional Study to identify implementation actions to meet the aforementioned mission. 5. Seek and secure funding from public and other sources for future housing acquisition, development and/or renovation. 6. Retain the ability to acquire and hold land for future development for housing, as funding allows. 7. Collaborate with and potentially serve as the vehicle to implement the policies and programs recommended by the RFV Roadmap Process. Benefits of Regional Nonprofit Structure The Colorado State Legislature is preparing to make $450 million in housing funds available for affordable housing projects from ARPA funding with approximately 50% available as grants and 50% as loans. The loan funds will be in the form of low/no- interest loans that political subdivisions may not be able to borrow without a vote of the people. With a nonprofit structure, a regional nonprofit entity is able to take advantage of these loan and grant opportunities and a regional nonprofit dedicated to affordable housing will make our region much more competitive for these funds. ● Nonprofits can take advantage of loans and funding opportunities that may be prohibitive for political subdivisions/local governments to access due to TABOR limitations. ● Nonprofits, if a qualified 501(c)(3), can raise charitable contributions to put toward programming. ● Provides an avenue for other nonprofits and stakeholder engagement not always feasible in government structures. ● Provides political independence from the government institutions. One of the value points is that the nonprofit will be able to easily work across governmental lines throughout the region. 159 Letter of Intent/Invitation to Participate Page 3 of 6 Invitation to Participate Government entities throughout the Greater Roaring Fork Region are being invited to join the Coalition and commit to the formation of a nonprofit corporation. By signing onto this Letter of Intent, each member jurisdiction commits to provide a one-time contribution of $10,000 as seed capital to form and organize the nonprofit corporation in advance of State ARPA funds becoming available. Ongoing participation beyond 2022 will be subject to future requests from the nonprofit based upon benefits and value to the contributing member. In addition to the one-time contribution, the signatories to this Letter of Intent will also commit to work on the decision-making roles and the Board of Directors structure of the nonprofit to best accomplish the missions and purpose. Other jurisdictions may sign on following the initial execution. Fiscal Sponsor The Uncle Bob Foundation will serve as the fiscal sponsor for the Coalition until the nonprofit entity is formed. The Uncle Bob Foundation, is a 501(c)(3) formed in 2000 by the Garfield County Housing Authority to collect charitable contributions for Affordable Housing projects in Parachute, Colorado. The Uncle Bob Foundation also served as the fiscal sponsor for the 2019 Regional Housing Study and served as a pooling resource for nonprofits during Covid to fund the Landlord/Tenant Initiative. . Any expenditures until the nonprofit is formed will be approved by majority of members that sign onto this Letter of Intent. Upon formation, all funds will be transferred to the nonprofit and responsibility of expenditures will be subject to Board of Directors authority and approval. [This space intentionally left blank. Signatures on the following pages.] 160 Letter of Intent/Invitation to Participate Page 4 of 6 City of Glenwood Springs, Colorado By: , its Date: Town of Carbondale, Colorado By: , its Date: Town of Basalt, Colorado By: , its Date: Town of Snowmass Village, Colorado By: , its Date: 161 Letter of Intent/Invitation to Participate Page 5 of 6 City of Aspen, Colorado By: , its Date: Pitkin County, Colorado By: , its Date: Garfield County Housing Authority By: , its Date: Eagle County Housing and Development Authority By: , its Date: 162 MEMORANDUM TO: Mayor Torre and City Council FROM: Tessa Schreiner, Sustainability Programs Administrator THRU: Ashley Perl, Climate Action Manager; CJ Oliver, Director of Environmental Health and Sustainability; Phillip Supino, Community Development Director; Diane Foster, Assistant City Manager; and Scott Miller, Director of Public Works MEMO DATE:February 14, 2022 MEETING DATE:February 22, 2022 RE:Resolution No. 021, Series of 2022 – Policy Resolution Building IQ REQUEST OF COUNCIL: Staff requests Council consider the attached resolution as the first step in implementation of the Building IQ program. Further, staff recommends City Council approve Policy Resolution No. 021, Series of 2022 directing staff to take meaningful action towards achieving City Council’s carbon reduction goals. PREVIOUS COUNCIL ACTION AND BACKGROUND: On August 10, 2021, City Council adopted Resolution #76_Series 2021, which set City Council’s top priorities for the current two-year cycle. The Carbon Goal directed staff to reduce Aspen’s greenhouse gas emissions in the following way: Take meaningful action and provide leadership in reducing the Aspen community’s contribution to greenhouse gas emissions by the amount which is scientifically proven to limit global temperature change. This will be accomplished through: a. Maximizing efficiency and minimizing carbon emissions in all of Aspen’s emissions inventory sectors including: Waste Reduction and Diversion, Transportation, and the Built Environment b. Leading climate policy and legislative efforts at local, regional, national, and global scales In November 2021, the City of Aspen joined hundreds of international communities and businesses in the Race to Zero, a global campaign driving cities to work towards a zero carbon, resilient future. At the November 15, 2021 Work Session, staff presented Council with a roadmap for achieving this goal, which includes five key workplan areas or elements: building energy use, waste reduction, fleet electrification, policy, and long- range planning. 163 Staff named Building IQ as the key initiative for moving the needle within the building energy use element, in alignment with the recommendations from the Climate Action Plan. At the December 13, 2021 Work Session, staff presented Council with an update on Building IQ and received Council direction on key policy elements for benchmarking (Phase 1: data tracking) and approval to move forward with a policy resolution and ordinance in Q1 2022. Staff followed up with an info-only memo to Council with additional information and resources to address Council’s questions. At the Work Session on December 13, 2021, Council unanimously directed staff to bring back a policy resolution for Building IQ. Resolution No. 021, Series of 2022, if approved, would begin the amendment process for Title 8, Buildings and Building Regulations. First and Second Readings of a Building IQ Ordinance approving these amendments would come before Council in late March and early April. Adoption of the Building IQ program is an important step in achievement of Council’s Climate Action Goal. It is also essential to meeting emissions reduction targets in the built environment to meet the 63% by 2030 community-wide emissions reduction target set by Council. At the January 11, 2022 meeting, Council adopted Resolution #002_Series of 2022, adopting science-based GHG reduction targets set by ICLEI-Local Governments for Sustainability. These targets commit Aspen to reducing greenhouse gas emissions by 63% by the year 2030 and 100% by the year 2050, along with additional waste reduction targets. ICLEI also identified several high-impact actions that the City could take to reach the science-based targets, and commercial and residential building efficiency, one of the primary goals of Building IQ, is among the most impactful actions. Without Building IQ, the City will not reach the science-based targets for 2030 or 2050. The built environment accounts for 58% of the community’s greenhouse gas emissions and thus has an effective opportunity for reduction that would also result in multiple property owner and community benefits. A voluntary approach to Building IQ was directed by Council in 2020, yet despite extensive outreach, no property owners have voluntarily participated in the program. Staff is bringing Building IQ back to Council as a mandatory ordinance for consideration, beginning the process with a Policy Resolution. The proposed building code changes considered by this Policy Resolution would do two things: 1. Require owners of commercial and multifamily properties to annually benchmark and report their energy and water usage (Phase 1: data tracking) 2. Require owners of commercial and multifamily properties to reach an energy efficiency standard, or building performance standard, over time. The specific standards would be developed by staff and stakeholders and presented to Council for consideration and adoption in 2023. (Phase 2: carbon reduction) 164 DISCUSSION: Energy and Water Benchmarking (Phase 1: data tracking): Energy and water benchmarking is a process that takes 2-4 hours annually and provides multiple benefits. Benchmarking for properties is the foundational phase of Building IQ that provides property owners, the City, and service partners with crucial data on which to build energy efficiency resources, programs, and requirements to reach the City’s climate goals. Without this data tracking phase, strategic, targeted planning for reaching the City’s greenhouse gas reduction goals is not possible. More than 40 other communities in the United States have adopted benchmarking policies; staff has analyzed these communities’ policy and program successes extensively and is confident in the City’s ability to rollout an effective benchmarking policy in line with these other communities. Should Council approve this Building IQ policy resolution and forthcoming ordinance, Attachment B outlines a detailed timeline for key benchmarking dates. Building Performance Standard (Phase 2: carbon reduction): Establishing a building performance standard, the carbon reduction phase of Building IQ, is a way for the City to partner with property owners to accomplish a common objective: energy and water savings. In order to transition to Phase 2 of a building performance standard, staff will need to identify funding to support property owners in efficiency upgrades. The goal is to create a program that leverages federal and local dollars to make improvements and works hand in hand with property owners to provide tailored support. Staff is confident that a building performance standard is the right policy tool to reduce greenhouse gas emissions from the built environment while providing flexibility and support to property owners. Without a mandatory carbon reduction phase (BPS), the City will not reach community greenhouse gas reduction goals. In January 2022, Aspen signed on to the Council on Environmental Quality’s BPS Coalition, a cohort of more than thirty US cities, counties, and states who are committed to working with stakeholders to develop equitable, impactful building performance standards for their communities. Eight communities in the United States have passed building performance standard policies, and Aspen has an opportunity to be one of the leading communities in this effort. Once Council formally adopts Building IQ, staff will work to develop the specific standards over the next year in an engagement process led by community stakeholders, property owners, and technical experts, and will bring the standards to Council for consideration and approval. Next Steps: Should Council approve this policy resolution for Building IQ, staff will bring back an ordinance for Council consideration and adoption. Once adopted, Building IQ will be a community program that will help municipal, commercial, and multi-family buildings save energy and water in a community-wide effort to meet Council’s climate goal. By combining resource benchmarking with efficiency improvements to reduce emissions from the building sector, Building IQ supports building owners in taking control of their utility bills, creates flexible energy efficiency improvement plans, provides funding support, and 165 increases building performance to realize long-term savings with the end goal being to support a building stock that is sustainable and high performing. Establishing this impactful program is what the City must do to reach greenhouse gas emissions reduction targets set by Council. FINANCIAL IMPACTS: The EPA’s Portfolio Manager tool used for energy and water benchmarking is free to building owners and free to the City of Aspen. Staff anticipates the budget requirements in the first year of benchmarking for administration, building owner support, and incentives can be covered with existing funds. Staff is also pursuing grant funding through the Colorado Energy Office to support Aspen Utilities in streamlining utility data sharing for an efficient benchmarking process. As the Building IQ program grows to include more buildings over time, additional funding may be needed for administrative and technical support. Additionally, there may be opportunities that emerge from the Land Use Code amendment work under the current residential development moratorium to develop new funding streams to finance elements of BIQ. ENVIRONMENTAL IMPACTS: Building IQ is one of the most impactful programs that the City can implement in order to reach the community carbon reduction goals. It will drive environmental impact at scale because it provides tools and support for energy management and consumption reduction for the majority of Aspen’s commercial and multifamily square footage. It enables future CAP actions and empowers building owners to understand their opportunity for reducing utility bills. ALTERNATIVES:Council could not approve the Building IQ policy resolution, and staff could instead bring back an ordinance for first reading with only benchmarking. Council could also choose to keep the Building IQ program voluntary and not move forward with a policy resolution or an ordinance. Under these scenarios, additional analysis would be needed to determine whether Council’s adopted emissions reduction targets could be achieved by other means. RECOMMENDATIONS:Staff recommends Council approve Policy Resolution No. 021, Series of 2022. ATTACHMENTS: Attachment A – Policy Resolution – Building IQ Attachment B – Benchmarking Timeline CITY MANAGER COMMENTS: 166 Resolution #021 Buildings and Building Regulations Code / Building Performance Standards Code Amendments Policy Resolution Page 1 of 4 RESOLUTION NO. 021 SERIES OF 2022 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING POLICIES AUTHORIZING AMENDMENTS TO THE BUILDINGS AND BUILDING REGULATION CODE TO INCLUDE ENERGY AND WATER BENCHMARKING AND BUILDING PERFORMANCE STANDARDS IN SUPPORT OF CITY COUNCIL’S CLIMATE GOALS WHEREAS,human activities are undeniably the primary cause of climate change and continue to exacerbate the global climate emergency; and, WHEREAS,the City of Aspen recognizes that anthropogenic climate change and the impacts to the ecological and economic health of the community constitutes an emergency and a threat to the health and safety of the residents of the City of Aspen and the global community; and, WHEREAS, the City of Aspen is a signatory to the US Mayors Climate Protection Agreement, the Chicago Climate Exchange, and the Global Covenant of Mayors for Climate and Energy, and WHEREAS, the impacts from climate change are already evident in Aspen including hotter temperatures, shifting rain and show patterns, and more precipitation arriving as rain rather than snow; and, WHEREAS, the citizens and building owners of the City of Aspen have long held environmental stewardship as a community value, and are actively seeking ways to reduce their greenhouse gas emissions; and, WHEREAS, Aspen’s greenhouse gas emissions caused by all activities occurring in the community including the growing population of full-time and part-time residents, visitors, and commuters are contributing to this climate reality; and, WHEREAS,the built environment accounts for 57% of the Aspen community’s greenhouse gas emissions; and, WHEREAS, actions to reduce climate changing greenhouse gas emissions are required to prevent the worst impacts to the Aspen community and ecology; and, WHEREAS, to address the climate emergency and support community sustainability, the City of Aspen has adopted science-based targets committing the City and the community to a 63% reduction of 2017 emissions by 2030 and 100% reduction of emissions by 2050; and, 167 Resolution #021 Buildings and Building Regulations Code / Building Performance Standards Code Amendments Policy Resolution Page 2 of 4 WHEREAS,City Council adopted Resolution #76 - Series 2021, which established a Carbon Goal and set City Council’s top climate action priorities; and, WHEREAS, combining energy and water benchmarking and a building performance standard (BPS) provides an effective and flexible pathway for buildings to realize energy savings and emissions reductions; and, WHEREAS,Aspen’s Climate Action Plan highlights amendments to Title 8 – Buildings and Building Regulations as well as benchmarking and BPS as the most impactful steps Aspen can take to achieve its carbon reduction goals; and, WHEREAS, during a work session on December 13, 2021, Climate Action staff received direction from City Council to draft targeted amendments to the Buildings and Building Regulations Code related to energy and water benchmarking and BPS; and, WHEREAS,amending the Buildings and Building Regulations Code as described below will ensure the ongoing effectiveness and viability of the regulations within the City of Aspen Buildings and Building Regulations Code to achieve City Council’s climate and building energy and water efficiency policy; and, WHEREAS,increasing the resource efficiency of Aspen’s existing building stock is essential in the maintenance of a sustainable community and the regulations and standards in the Buildings and Building Regulations Code provide important tools in the increase of building energy efficiency within the Cityof Aspen; and, WHEREAS,City of Aspen staff and departments, including the Community Development and Utility Department, following approval of this Policy Resolution will conduct ongoing community engagement with the public, property owners, and members of the development community; and will propose an Ordinance to be considered at First and Second Reading; and, WHEREAS,this Resolution does not amend the Buildings and Building Regulations Code, but provides direction to staff for amending the Buildings and Building Regulations Code; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfareand in alignment with City Council’s goals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Overall Code Amendment Objectives The objectives of these code amendments are to: 1. Align City Council’s policies and regulations in the Buildings and Building Regulations Code more closely with climate goals. 168 Resolution #021 Buildings and Building Regulations Code / Building Performance Standards Code Amendments Policy Resolution Page 3 of 4 2. Add enforceable regulations to reduce the resourceuse of Aspen’s built environment. 3. Continue implementation of meaningful greenhouse gas emissions reductions in support of the community’s climate action goals. 4. More directly recognize the importance of building energy and water efficiency in the path to net zero carbon. 5. Improve policies to further encourage energy and water efficiencies in commercial and multi-family buildings. 6. Partner with building owners on achieving common goals of tracking and reducing energy and water consumption, realizing savings, and advancing efficient, high- performing buildings 7. Gather crucial data to better serve customers, develop high quality programs, and plan for the future. 8. Maintain a high-performing, sustainable building stock for the Aspen community. Section 2: Topics for Potential Code Amendments Titles 8, 13, and 26 of the City of Aspen Municipal Code may be amended to include the following: 1. Energy and Water Benchmarking Requirements for commercial and multi-family buildings (Phase 1: data tracking): a. Requires property owners to annually track energy and water consumption and report it to the City using a free online tool. b. Creates a consistent and streamlined process for tracking and analyzing community building performance and consumption patterns. c. Build customer service capacity to support property owners in program participation. 2. Building Performance Standard Requirements for commercial and multi-family buildings (Phase 2: carbon reduction): a. Requires property owners to meet an established building performance (efficiency) standard for their building type to meet the City’s climate goals b. Directs staff, led by community stakeholders, to develop the specific standards to be brought back in the form of BPS Guidelines for Council consideration and approval. Section 3: Other Amendments as Necessary Other amendments may be required to ensure coordination between other sections in the Buildings and Building Regulations Code which may not have been anticipated. Section 4: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 5: 169 Resolution #021 Buildings and Building Regulations Code / Building Performance Standards Code Amendments Policy Resolution Page 4 of 4 If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY,adopted this 22nd day of February 2022. ______________________________________ Torre, Mayor ATTEST:APPROVED AS TO FORM: _______________________________________________ Nicole Henning,City Clerk James R True, City Attorney 170 Benchmarking Timeline Sector Property Properties first notice of upcoming benchmarking due date Property owners/managers collect property information and utility data Initial Reporting Date Calendar year of utility data to report in first benchmarking year Date that property benchmarking information is included in annual aggregated community benchmarking report Covered City Properties All covered City Properties N/A November 2021 – February 2022 March 2022 2021 July 2022 Covered Non-City Properties Covered Commercial properties ≥ 20k sq. ft June 1, 2022 June 1, 2022 – November 2022 December 1, 2022 2021 January 15, 2023 Covered Commercial properties ≥ 15k sq. ft.January 1, 2023 January 1, 2023 – June 2023 June 1, 2023 2022 September 1, 2023 Covered Commercial properties ≥ 10k sq. ft.January 1, 2024 January 1, 2024 – June 2024 June 1, 2024 2023 September 1, 2024 Covered Commercial properties ≥ 5k sq. ft.January 1, 2025 January 1, 2025 – June 2025 June 1, 2025 2024 September 1, 2025 Covered Multifamily properties ≥ 20k sq. ft.January 1, 2023 January 1, 2024 – June 2024 June 1, 2024 2023 September 1, 2024 Covered Multifamily properties ≥ 15k sq. ft.January 1, 2024 January 1, 2025 – June 2025 June 1, 2025 2024 September 1, 2025 171