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HomeMy WebLinkAboutC15-154 Edwards Community Authority Intergovernmental AgreementINTERGOVERNMENTAL 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 14' ['day of2015, pursuant to Section 29-1-203, C.R.S., by and between the EDWARDS COMMUNITY 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, 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 (the "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 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 entered into an Intergovernmental Agreement dated the 13th day of August, 2013, to share the initial costs of certain services provided by Braun Associates, Inc., a professional land planning consultant hired by the ECA to assist in the update of Edwards Area Community Plan (the "Original Agreement); and WHEREAS, the term of the Original Agreement expired on December 31, 2014; and WHEREAS, the parties desire to have Braun Associates, Inc. (the "Consultant") perform additional planning services in 2015 for the additional compensation described herein. NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, including the promises set forth herein, the parties agree to the following: A. The ECA will contract with the Consultant for the planning services set forth on Exhibit B, attached hereto and incorporated herein by reference (the "Services"). The compensation for the Services shall not exceed $18,472.00. This sum includes the sum of $3,472.00, previously agreed to under the Original Agreement but not yet expended. B. The County agrees to reimburse 50% of the costs incurred by the ECA for the Services provided by the Consultant, in an amount not to exceed $9,236.00. 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 $9,236.00, 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 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 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 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 through March 1, 2016, unless terminated prior thereto by either of the parties as set forth herein. This 2 Agreement may be extended for additional one-year periods upon the written agreement of the parties. H. Either party may terminate this Agreement for any reason, with or without cause, by providing thirty (30) day written notice to the other. I. Any provision of this Agreement may be amended at any time upon written agreement of the parties. J. 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. K. 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. L. 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, c/o Robertson & Marchetti, P.C., 28 Second Street, Suite 213, Edwards, CO 81632 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 31 st 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. IN WITNESS WHEREOF, eEdwards Community Authority and Eagle County have executed this agreement on the � day of AV'F14� 2015. ATTEST: n�. Teak Simonton, County Clerk and ATTES . EAGLE COUNTY, by and through its BOARD OF COUNTY CO MISSNERS By: Ka*y Chandler -Henry, Chai n EDWARDS COMMUNITY AUTHORITY By: Its: 4 EXHIBIT A MAP OF EDWARDS AREA EXHIBIT B PROPOSAL PROFESSIONAL LAND PLANNING CONSULTANT R�L;i N ASSOC.:In_.J.ES, INC.. LAND PLANNING & COMMUNITY DEVELOPMENT January 19, 2015 Mr. Ken Marchetti Robertson & Marchetti, P.C. 28 2„d Street Edwards, Colorado 81632 RE: 2015 Edwards Area Community Plan Dear Ken: In accordance with the service agreement we executed this past summer, the following addresses the additional funding to be provided for the project in 2015. As with our original agreement I have structured this letter as a service agreement between Braun Associates, Inc. and the ECA and have included Nancy Alexander as signatory for ECA. Understanding of the Project In 2013 Braun Associates, Inc. was retained by ECA and Eagle County to assist county staff with updating the Edwards Area Community Plan. Since that time a significant amount of progress has been made in working with the TAC (Technical Advisory Committee) on the scope/define issues, the gathering of data and development of base maps, and the input from two community meetings and an extensive community survey. The foundation was laid for subsequent stages of this planning process which were initiated in August of 2014. This phase of work has included a Community Advisory Committee (CAC) and will involve additional research and analysis, drafting the plan, a third community meeting and presentation of the plan to the Eagle County Planning Commission. As was outlined with the initial phase of work, Braun Associates, Inc. will provide support services to county staff on this project. Scope of Services Specific services to be provided by Braun Associates, Inc. will be determined by the county staff during the course of the project. Services to be provided are expected to include the following: January — December, 2015 1. Overall project planning, general strategies and approaches to project, defining direction of plan and planning process, project scheduling, etc. 2. Pre -planning, preparation for and participation in approximately four (4) CAC meetings (and other meetings as necessary) through the term of this agreement. Edwards Area Community Plan Extension of Service Agreement Page 1 3. Provide editing/feedback on drafts of plan to be prepared by county staff. 4. Provide graphic support, research, etc. as necessary to support staff's development of the draft plan. 5. Assist with production of final draft of plan (anticipated to be completed in July, 2015). 6. Assist county staff with planning, preparing for and presenting the draft plan at the third community open house. 7. Support the county staff with the Eagle County Planning Commission's review of plan. Fee Proposal The project budget for the phase of work covered by this contract is $15,000. It is noted that balances of $576 from the original May 9, 2013 contract and $2,896 from the July 19, 2014 contract between Braun Associates, Inc. and ECA remain. A total of $3,472 will be rolled over into the fee proposal outlined in this contract, resulting in a total project budget of $18,472 for contract. Braun Associates, Inc. will bill ECA on a monthly basis for services provided (as outlined above) in accordance with the attached 2014/2015 Rate and Expense Schedule. As with the initial phase of work, ECA will administer this budget, process invoices and Eagle County will reimburse ECA over the course of the project in accordance with ECA's intergovernmental agreement with Eagle County. Proposal Acceptance If this proposal meets with your approval, please sign below and return one copy for our files. Accepted by: J11T41a4k Nancy Xlexander, President Edwards Community Authority Date: Braun Associates, Inc. -C Thomas A. Braun, President Braun Associates, Inc. Date: \ k \ 1'2. , lBRAUN ASSOCIATES, i::S, INC'.. LAND PLANNING & COMMUNITY DEVELOPMENT BRAUN ASSOCIATES, INC. 2014/2015 RATE AND EXPENSE SCHEDULE RATES: Principal Planner/Senior Associate Administrative/Clerical Sub -Consultants REIMBURSABLE EXPENSES: Standard Rates Reduced Rates for EACP $140.00/Hour $110.00/Hour $75.00/Hour Passed through at Sub -Consultants rate 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 Extension of Service Agreement Page 3