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HomeMy WebLinkAboutC09-462 Pikin County Agreement re: Snow RemovalINTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTIES OF PITKIN AND EAGLE FOR THE SNOE REMOVAL IN THE FRYINGPAN VALLEY PARTIES THIS INTERGOVERNMENTAL AGREENT, ("Agreement") is made thisJ~ day of ~~ ~f -lY.~ 2009, by and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY ("Pitkin County") and the BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY ("Eagle County") RECITALS 1. The Counties are duly constituted governmental entities governed by boards elected by the qualified electors of each, both of which are located in Colorado; and Previous year Pitkin County maintained all of the Frying Pan Road and Eagle Thomasville Road through and Intergovernmental Agreement with Eagle County with eagle County reimbursing Pitkin County for costs incurred; and 3. The Counties believe they can more efficiently maintain the Frying Pan Valley roads by working together; and 4. The purpose of this Agreement is to set forth the respective responsibilities and obligations of the Counties regarding the maintenance of the Frying Pan Valley County Roads in winter months; and 5. The Counties have determined that it is in the best interests of the citizens of Pitkin County and Eagle County residing in the Frying Pan valley to extend this Agreement 6. This Agreement is entered in to pursuant to inter alia, C.R.S. 29-1-201 et seg. And Article XIV, Section TO of the Colorado Constitution. ~,~._. c~(pZ AGREEMENT NOW THEREFORE, for and in consideration of the mutual covenants and agreements of the parties and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Beginning approximately November through approximately April; the Pitkin County Road and Bridge Department shall be physically responsible for snow removal, rock and debris removal, and road checks associated with the snow removal in the Frying Pan Valley, which includes the Frying Pan Road and the North Fork Road, and the Eagle-Thomasville Road. Reimbursement by Eagle County for Pitkin County's cost shall be only as provided in this Agreement. 2. The Eagle/Thomasville Road shall be plowed by Pitkin County Road & Bridge. Pitkin County will invoice Eagle County bi-annually for 30% of the cost of snow removal. This is based on ownership mileage of the maintained portion of road. 3. Pitkin County shall be responsible for the removal of any isolated rock fall occurring on any of the Frying Pan Valley roads. In the event of a large debris problem on the Frying Pan valley Roads, Eagle County shall assist Pitkin County in the removal effort. Eagle County will reimburse Pitkin County for all equipment time and man-hours used in the rock fall removal at the same rates as assigned for snow removal. 4. Eagle Couniy will reimburse Pitkin County for man hours and equipment time for snow removal on the 19 mile Eagle County portion of the Frying Pan Road at an hourly rate of $65.00. This rate is calculated by adding the hourly wage ($30.00) of an equipment operator to the hourly cost for operation of the tandem plow truck with wing ($35.00). Should the equipment operator exceed 40 hours per week, the hourly wage will increase to $45.00, (which accounts for time and one half), raising the total hourly cost of snow removal to $80.00. Pitkin County shall invoice Eagle County bi-annually for man-hours, equipment and materials. Eagle County shall remit payment to Pitkin County within 30 days of receipt of invoice. 5. Eagle County shall reimburse Pitkin County for sanding material used on the 19 mile Eagle County portion of the Frying Pan Road. The cost of sanding material is approximately $19.50 per ton, and shall be included in the invoice descried in paragraph 4, with the same payment terms applied. 6. Pitkin County shall stage a grader at the Thomasville/Meredith Fire Station. Pitkin County will use the grader in snow removal operation for the Eagle/Thomasville Road and bill Eagle County for the approporiate use. 7. This Agreement may be changed or modified only in writing by an agreement approved by the respective Boards and signed by the authorized Director of the Road and Bridge Departments for each County. 8. Should one or more sections of provisions of the 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. This Intergovernmental Agreement shall remain ~in effect for two years from the date of execution. The Counties reserve the right to cancel this Agreement for unsatisfactory performance or lack of services by either party, or for unavailability of budgeted fields for the services, as determined by the County Manager. Cancellation shall occur by giving written notice of at least thirty (30) days, by first class registered mail at the following addresses: Pitkin County Board of County Commissioners c/o Pitkin County Manager 530 East Main Street, Suite 302 Aspen, Colorado 81611 Eagle County Board of County Commissioners c/o Eagle County manager P.O. Box 250 Eagle, Colorado 81631 The foregoing Intergovernmental Agreement is approved by the Board of County Commissioners of Pitkin County at its regular meeting held on the day of 2009, and by the Board of County Commissioners of Eagle County at its regular meeting held on the day of 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: Clerk of the Board ATTEST: Date Patti Clapper Chair Date BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO By: Clerk to the ~~~ ~1 GR Fielding Pitkin County Date BOCC Chair Date R ~~3 e,l Brad Higgins, Eagle un y Date A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING PITKIN COUNTY TO ENTER INTO AN INTERGOVEMERNMENTAL AGREEMENT WITH EAGLE COUNTY FOR THE 2009-2010 SEASON OF SNOW REMOVAL IN THE FRYING PAN VALLEY RESOLUTION # -2009 Recitals 1. Since 1997 Pitkin County has maintained all of the Frying Pan Road and Eagle Thomasville Road through an Intergovernmental Agreement with Eagle County with Eagle County reimbursing Pitkin County for costs incurred; and 2. Both Counties believe they can more efficiently maintain the roads by working together, and have purposed an agreement to set forth the respective responsibilities and obligations of each County regarding the maintenance of these roads in winter months; and 3. The BOCC has determined that it is the best interest of the citizens of Pitkin County and Eagle County living in the Frying Pan Valley to extend this Intergovernmental Agreement and desires to accept the Intergovernmental Agreement pursuant to the terms, requirements and conditions contained in that Agreement; and 4. The BOCC is authorized to enter into this Intergovernmental Agreement pursuant to interalia, C.R.S. 29-1-201 et. Seq. and Article XIV, Section 10 of the Colorado Constitution. NOW THEREOFRE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, that the Board approves the attached Intergovernmental Agreement with Eagle County which outlines the requirements and conditions for snow removal in the Frying Pan Valley and authorized the Chair to execute the necessary documents. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARIN ON THE _DAY OF .2009 NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON DAY OF , 2009. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE _DAY OF 2009 PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE DAY OF , 2009. ATTEST: Jeanette Jones Date Clerk APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Patty Clapper, Chair John M. Ely Date Hilary Fletcher County Attorney County Manager Date Date