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HomeMy WebLinkAboutC13-234 Edwards Community Authority IGA7.1.17.11 INTERGOVERNMENTAL AGREEMENT BETWEEN THE EDWARDS COMMUNITY AUTHORITY AND EAGLE COUNTY REGARDING COST SHARING FOR PROFESSIONAL PLANNING SERVICES ASSOCIATED WITH THE 2013 UPDATE TO THE EDWARDS AREA COMMUNITY PLAN THIS AGREEMENT is entered into this ( day of ' ; , 2013,pursuant to Section 29-1-203, C.R.S.,by and between the EDWARDS CO ITY AUTHORITY, a political subdivision of the State of Colorado and authority formed by its member entities (Arrowhead, Cordillera, Edwards, Lake Creek and the Berry Creek Metropolitan District), acting by and through its Board of Directors (hereinafter the"ECA"), and EAGLE COUNTY, a body corporate and politic, by and through its Board of County Commissioners (hereinafter the "County"). Together, the ECA and the County are referred to herein as the "Parties." WHEREAS, the Board of County Commissioners desires to update the Edwards Area Community Plan,which was adopted in January of 2003 following a public planning process in which County staff,management agencies, affected metropolitan districts,business owners, homeowners, and other interested stakeholders all participated; and WHEREAS, an updated Edwards Area Community Plan will provide information and guidance for planning and land use decisions within the Edwards Area Planning Boundary, hereinafter referred to as the`Edwards Area", a map of which is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, an updated Edwards Area Community Plan will contribute positively to the physical, social and economic wellbeing of local residents,property owners and visitors, and will help to assure that future growth in the Edwards Area is well planned,thoughtfully designed and adequately served by roads, utilities and life safety services; and WHEREAS, an updated Edwards Area Community Plan will further assure the appropriate protection and management of natural resources, including water quality, air quality, visual quality, vegetation, open spaces and wildlife habitat on lands within the Edwards Area; and WHEREAS,the parties acknowledge that master planning and the approval and adoption of official master plan documents in Eagle County is the sole responsibility of the Eagle County Planning Commission; and WHEREAS, the ECA, as an organization representing the constituencies within the Edwards Area, can provide invaluable support, insight and knowledge to the master planning process; and WHEREAS, the ECA and the County recognize that the analysis of opportunities and the formulation of goals,policies and strategies associated with the master planning process and 1 the update of the Edwards Area Community Plan would be significantly enhanced by the participation of a professional third party land planning consultant; and WHEREAS, Sections 29-1-201 and 29-20-105, C.R.S., as amended, inter alia, authorize government entities to cooperate and share costs associated with the implementation of mutually agreed upon master planning projects; and WHEREAS,the ECA and the County have agreed to share the cost of a professional land planning consultant hired to assist in the update of Edwards Area Community Plan; and WHEREAS, a scope of services has been drafted, and a proposal has been received for professional land planning assistance associated with the update to the Edwards Area Community Plan, a copy of which is attached hereto as Exhibit B, the cost for which shall not exceed $40,000.00; and WHEREAS,the ECA and the County believe that it is appropriate to set forth in writing an agreement whereby the parties will share the cost of hiring a third party professional land planning consultant to assist with master planning efforts associated with the update to the Edwards Area Community Plan. NOW THEREFORE, on behalf of the citizens of Eagle County and property owners within the Edwards Area, the ECA and the County state the following mutual understanding regarding the hiring of a third party professional land planning consultant to assist in the creation of an updated Edwards Area Community Plan. In consideration of the obligations and terms expressed herein, the parties agree as follows: A. The ECA will contract with a professional land planning consultant, to be approved by the County, for planning services and will pay the consultant for services rendered, in an amount not to exceed$40,000. B. The County agrees to reimburse 50%of the costs incurred by the ECA for the planning services provided by the professional land planning consultant, in an amount not to exceed$20,000. The ECA will provide the County with copies of invoices as received from the consultant and the County shall reimburse the ECA 50% of the invoiced amounts, in an amount not to exceed$20,000,within 60 days of receipt. C. The County will further provide staff time, GIS mapping and administrative assistance to the Edwards Area Community Plan update, as is customarily its role, and will provide leadership in the coordination of related master planning activities. D. Pursuant to this Agreement, the ECA will serve as a technical advisory committee to the Planning Commission to assist with the update to the Edwards Area Community Plan, and will meet as necessary with County staff and other stakeholders to provide technical information, discuss issues, review text, and provide recommendations to the Eagle County Planning Commission. The Parties agree to work collaboratively and in good 2 faith with each other to develop a master plan that best serves the joint needs and interests of the Edwards Area and Eagle County. E. The County and the ECA will maintain open communications throughout the process, and each party will agree to any change in the scope of services provided by the professional land planning consultant prior to commencement of said work. The ECA will receive monthly updates from the County regarding planning activities and progress. F. Upon completion of the services performed by the professional land planning consultant, the County will continue to work to complete the update to the Edwards Area Community Plan in a timely fashion, utilizing in-house resources, and will provide updates to the ECA of progress as warranted. G. This Agreement shall become effective upon signature of an authorized representative of the governing body of each party, and shall remain in force and effect for one year from the effective date,unless terminated prior thereto by either of the parties as set forth herein. Either party may terminate this Agreement for any reason, with or without cause, by providing thirty(30) day written notice to the other. H. Any provision of this Agreement may be amended at any time provided that prior written approval of the amendment has been obtained from both the ECA and the Board of County Commissioners. I. Nothing in this Agreement shall prevent either party from entering into specific study agreements with any private party or governmental entity. Nothing in this Agreement is intended to abrogate, limit, amend or affect the rights,remedies or equitable positions of the parties in and to any agreements or actions to which the ECA or the County are parties. J. It is hereby declared to be the intention of the Parties that the sections,paragraphs, sentences, clauses and phrases of this Agreement are severable and, if any phrase, clause, paragraph, sentence, or section shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or enforceability shall not affect any remaining phrases, clauses, sentences,paragraphs and sections of this Agreement. K. Communications under this agreement shall be addressed as follows: Eagle County - Eagle County Planning, Attention: Cliff Simonton, Senior Planner, P.O. Box 179, Eagle, CO 81631 ECA—Edwards Community Authority, Attention: Board of Directors, do Robertson& Marchetti, P.C., 28 Second Street, Suite 213, Edwards, CO 81632 3 L. The Parties hereto agree that any financial obligations that may arise hereunder,whether direct or contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing bodies of the parties hereto. Notwithstanding anything to the contrary contained in this Agreement, no payment will be made for any period after December 31st of any calendar year without the written approval in accordance with a budget adopted by the respective Boards of the parties in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). M. The ECA and the County acknowledge and agree that this Intergovernmental Agreement is for the benefit of the health, safety and welfare of the people of Eagle County, and is a proper exercise of their respective powers and authorities. [SIGNATURE PAGE TO FOLLOW] 4 IN WITNESS WHEREOF,ttis Edwards Co! unity • uthority and Eagle County have executed this agreement on the (>5 day of lc A ; , 2013. BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO _I;I l i /L L By: - %Chairman ATTEST: ryt G • Teak Simonton, County Clerk and Recor•e 074'. .. , EDWARDS COMMUNITY AUTHORITY By: //// dAd'1/ Its: frO,-61 r ATTEST: 5 Exhibit A Map of Edwards Area Community Plan Boundary (approx.) i ' Edwards Area Plan Boundary C1P 0PI 1 i r AP 1,Yj +4" E#r i. , ,,,,,,A / "' ;Int . ' ,'" -'1! ' ' Ar r r t OP.,! `, • P l" Imo �' r .. g o-. �f 4*Ci .°'''' ' . f -we*., At/. ° ill idif V 41„..'"'..f' •- ' 4 4'4 a :5,5 OR ,'-- p. - , - I ,,,ibik , - lipt "4, 3 r m s " , ,. , , , it / *.* R I d }69` ki7.' ,c k e,,,,-. .fir , , , e $. 0 r , f[P4 R, „„ iv i .. F xx / s' j r 1 11" ,. f Y/P 4 a f f ms 's..„...... ill', ' w., iv � # mo 6 EXHIBIT B 7 x: • RAU N . ' AS iOCIATI::S, INC. LAND PLANNING&COMMUNITY DEVELOPMENT May 9, 2013 Mr. Ken Marchetti Robertson&Marchetti,P.C. 28 2nd Street Edwards, Colorado 81632 RE: 2014 Edwards Area Community Plan Dear Ken: I want to thank you for the opportunity to assist the Edwards Community Authority(ECA) and Eagle County with updating the Edwards Area Community Plan. We are very excited about the opportunity to do so. I have structured this letter in the form of a service agreement between Braun Associates, Inc. and the ECA and have included Nancy Alexander as signatory for ECA. Understanding of the Project Eagle County has initiated a process to update the Edwards Area Community Plan and the ECA is providing financial resources to support this effort. Long Range Planner Cliff Simonton of the Eagle County Department of Community Development will lead this effort. Braun Associates, Inc. will provide assistance and support to Cliff and will work under the direction of the County in accordance with the Eagle County/Edwards Community Authority Inter-Governmental Agreement(IGA). Scope of Services While specific services to be provided by Braun Associates, Inc. will be determined by the County during the course of the project, services are expected to include assistance in defining the scope and direction of the project, scheduling, data gathering,preparing for and presenting at community meetings,preparing graphics and drafting the new community plan. Specifically, the range of services to be provided is likely to include tasks associated with three broad phases of the planning process: Phase I-Pre-planning activities • Assessment of the current plan, its relationships to other County plans, • Evaluate options for alternative plan formats, etc., • Formation of advisory committees, Opal Building • 225 Main Street • Suite G-002 • Edwards,Colorado • 81632 970-926-7575 • 970-926-7576 fax • www.braunassociates.com • Develop base map and other project mapping(i.e. land use,ownership, opportunities/constraints, sub-areas, etc.)to facilitate the planning process, • Data collection, land use inventories, etc., • Project schedule,define milestones and process for effort, and • Define format for community meetings. Phase II-Community meetings and input • Prepare for(Power Points,presentation materials) and facilitate community input sessions(assume 3 meetings), • Evaluate input from meetings, • Assist in development of community survey, evaluate results, • Assist with participation of advisory committees. • Assist with updates to Eagle County Planning Commission, and • Preparation of Future Land Use Map (FLUM), Phase III-Drafting of plan, document production • Assist in drafting plan, • Preparation of photographs,charts and tables, etc. • Finalizing graphic elements of plan, • Final editing,refinement and"packaging"of plan, Fee Proposal In accordance with the IGA,Eagle County and the ECA are both contributing $20,000 to fund consulting services for this planning process and ECA will administer the consulting budget. A total project budget of$40,000 is available for these services. Braun Associates, Inc. will bill ECA on a monthly basis in accordance with the 2013/2014 Rate and Expense Schedule (attached) for services provided. Upon receipt of monthly invoices, it is assumed that ECA will forward invoices to the County for their review and approval. It is important to ensure that the project budget is allocated efficiently throughout the project, specifically that the budget is managed such that resources are available when needed during the course of the entire project. While the specifics of when and how consulting services will be used will be determined by the County,below is an estimate of how the budget may be allocated during each phase of the project: Edwards Area Community Plan Service Agreement Page 2 Phase I-+1-25% Phase II-+/-40% Phase III-+/-35% Two steps will be taken to manage the budget during the course of the project— 1. At the outset of each month Braun Associates, Inc.will provide the County with a proposed work program for that month. The work program will include services to be provided and an estimate of fees to complete such services, and 2. The County will provide Project Budget Updates to the ECA during the course of the project. These updates will address the status of the project and tasks completed relative to the budget and if necessary provide a forum for discussion of any changes that may need to be made during the course of the project. As outlined in the initial Braun Associates, Inc.proposal for this project,hourly rates have been reduced from the firm's normal rates(refer to attached rate sheet). While subject to change depending upon specific services requested by the County during the course of the study(and the hourly rates of individuals within the firm responsible for completing such services), it is estimated that Braun Associates, Inc. will provide approximately 330 hours of service to this project. Proposal Acceptance If this proposal meets with your approval,please sign below and return one copy for our files. Accepted by: d a/,%�/' ± 64.) Nancy Alex der,President d Pre s dent Edwards Community Authority Date: / 7/0// Braun Associates,Inc. . Thomas A. Braun,President Braun Associates, Inc. Date: 4"1 1 UA(, Edwards Area Community Plan Service Agreement Page 3 BRAUN ASSOCIATES,INC. 2013/2014 RATE AND EXPENSE SCHEDULE RATES: Standard Rates Reduced Rates for EACP Principal $ 155.00/Hour $140.00/Hour Planner/Senior Associate $ 125.00/Hour $110.00/Hour Administrative/Clerical $ 75.00/Hour $75.00/Hour Sub-Consultants Passed through at Sub-Consultants rate REIMBURSABLE EXPENSES: Actual expenditures made by the employees of Braun Associates, Inc. for the Project are billed in addition to professional service fees. Examples of reimbursable expenses include,but are not limited to transportation and living expenses while traveling(outside of Eagle County) in connection with the Project, long distance telephone calls and fax transmissions,photocopies, reproduction and printing costs, supplies,postage and photography. Travel time to and from the project site is billed at one-half the standard hourly rate METHOD OF PAYMENT: Professional services and reimbursable expenses are billed monthly at the above scheduled rates for hours of work performed on the Project. Payment is due 15 days following receipt of invoice. Invoices unpaid after 30 days are subject to a service charge of 1 1/2 percent per month, and all costs of collection including reasonable attorney's fees. Braun Associates, Inc. reserves the right to suspend work on the Project if payment is not received within 30 days from invoice date. Edwards Area Community Plan Service Agreement Page 4