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HomeMy WebLinkAboutC12-126 Town of Eagle IGA INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND TOWN OF EAGLE, COLORADO REGARDING THE TOWN OF EAGLE /EAGLE COUNTY RECYCLING DROP OFF CENTER C alif) HIS INTERGOVERNMENTAL AGREEMENT, ( "Agreement ") is made this � day of Teti uei. y , 2012, by and between EAGLE COUNTY, COLORADO, a body corporate and politic, by and through its Board of County Commissioners ( "County ") and TOWN OF EAGLE, COLORADO, a body corporate and politic, by and through its Board of Trustees ( "Town "). RECITALS 1. The parties are duly constituted governmental entities governed by boards elected by the qualified electors of each, both of which are located in Colorado; and 2. A new recycling drop off site is planned to be opened in the spring of 2012 at the Town's public works facility located at 1050 Chambers Avenue, Eagle Colorado; and 3. The parties desire to recognize their respective rights and responsibilities with respect to the new recycling drop off site; and 4. The parties believe they can best manage the recycling site for the benefit of the public by working together; and 5. This Agreement is entered in to pursuant to inter alia, C.R.S. 29 -1 -201 et seq. And Article XIV, Section 10 of the Colorado Constitution. 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. The Town owns the property located at 1050 Chambers Avenue, Eagle, Colorado 81631 upon which a new recycling drop off site will be located ( "Site "). The Town shall be solely responsible for preparation of and future upkeep and maintenance of the Site. Upkeep and maintenance shall include adequate lighting, snow removal, ground repair, Site signage (that signage which is not fixed to recycling containers), fencing, adequate surface material (including grading), landscaping, irrigation and security cameras for the Site. The Site will be open to the public 24 hours a day, seven days a week, unless unacceptable activities occur during night time and weekend hours, in which case the Town, with notice to the County, can adjust the hours of operation on a temporary or permanent basis. 2. The County shall be solely responsible for providing a sufficient number of containers to the Site. Initially this will include two 40 -yard roll off containers and one 40 -yard cardboard roll off container. The containers will be owned and maintained by County. Maintenance and up keep of the containers shall include maintenance of the catwalk, guides for containers, and compactor equipment as well as permanent signage and painting of the containers. 3. The total cost is $135,567.60. The cost estimate can be seen on attached Exhibit 1. The Town of Eagle and Eagle County agree to share this cost 50/50 which is $67,783.80 each. Eagle County's cost will be all cash ($67,783.80). Town of Eagle's cost will be a combination of cash ($46,285.05) and in -kind money ($21,498.75). 4. The County through its Solid Waste and Recycling Department will be responsible for payment of the electric bill associated with the compactor equipment. 5. The County will be responsible for the costs of hauling, daily Site clean -up of waste left around the containers, provide the plastic bag trash bin, and the like. County has currently contracted with Vail Honeywagon to haul and clean the area around containers at the current recycling center when containers are being swapped. Once the Site is operational, County shall ensure Site clean -up once a day, Monday through Friday. 6. Currently, the proposed site can accommodate four 40 -yard containers, however only three 40- yard containers are needed at this time. The proposed three 40 -yard containers include cardboard, commingle, and paper. If a fourth 40 -yard container is needed in the future, the site can accommodate this need. In the event that additional improvements are desired on the Site in connection with the operation of the recycling center, for example, asphalt or trees, then the parties shall work together on a mutually agreeable ownership and cost sharing agreement for such additional improvements which shall be documented in a separate agreement or amendment hereto signed by both parties. 7. This Agreement may be changed or modified by a written amendment, signed by each party. 8. Nothing in this Agreement shall be deemed to make employees of either County or Town an agent, employee, partner or representative of the other party. 9. Notwithstanding anything to the contrary contained in this Agreement, neither the County nor the Town shall have any obligations under this Agreement, after December 31, 2012 without an appropriation therefore by the County and the Town in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes and the budget adopted by the Board of Trustees of the Town of Eagle, the Local Government Budget Law (C.R.S. §29 -1 -101 et.seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 10. This Agreement shall be for a one year term commencing January 1, 2012 and shall be automatically renewed for subsequent one year terms. This Agreement may be terminated by either party upon ten (10) months written notice to the other. 11. In the event that the Town determines that the Site shall be closed, the roll off cans, cardboard compactor unit, cardboard roll off containers and catwalk shall be sold by County and the proceeds shall be divided equally between County and Town. 12. Should one or more sections 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. 13. Each party, by signing below certifies that it shall maintain adequate insurance during the term of this Agreement. Nothing herein shall be deemed a waiver of either party's rights under the Colorado Governmental Immunity Act. 14. Any notice required under this Agreement shall be personally delivered, mailed in the United State mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: Town of Eagle c/o Town Manager William Powell 200 Broadway P.O. Box 609 Eagle, Colorado 81631 willy @townofeagle. org 970 - 328 -6354 Eagle County c/o Solid Waste and Recycling Director Ken Whitehead 815 Ute Creek Road P.O. Box 473 Wolcott, Colorado 81655 Ken.Whitehead@eaglecounty.us 970 - 328 -3470 15. There shall be no third party beneficiaries to this Agreement. 16. The benefits and obligations of this Agreement to the Town and the County are personal and may not be assigned without the expressed written approval of the parties. Such approval may not be unreasonably withheld, but any unapproved assignment is void. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first set forth above. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO by and through its 04 OGLE 00 BOARD OF COUNTY COMM S • ERS By , . r's 0 . B, . Alt / 13'1'. Cle r of the Boar. 'LQR� Jon-S y Chairman -_ -- . 0 '." - 7 le, I. i,i) , -yt)1 , - ) ATTEST: TOWN OF EAGLE, STATE OF COL' 4 ADO by and throu its Board of Trustees By „/� By: Town Clerk Mayor EXHIBIT #1 Town of Eagle New Drop -Off Location Estimated Budget Item Quantity Unit Unit Price Cost In -Kind Money 1 Cardboard Compactor w/ Accessories 1 ea $34,702.00 $34,702.00 2 40 -yard containers (not provided by haulers) 3 ea $8,944.00 $26,832.00 3 30 -yard container (future) 2 ea $0.00 $0.00 4 Catwalk 1 ea $6,258.00 $6,258.00 5 Electric (Holy Cross) 1 ea $100.00 $100.00 6 Electric (electrician) 1 ea $8,955.00 $8,955.00 7 Electric (trenching) 1 ea $3,000.00 $3,000.00 8 Fencing and accessories 1 ea $9,789.00 $9,789.00 9 Concrete (6- inches thick) #4 rebar @ 16 O.C. 1 ea $8,502.00 $8,502.00 Remove Existing Material (10-in depth) and Roadbase 10 Prep(4 -in) 1385 sf $3.00 $4,155.00 11 Signage 1 ea $3,000.00 $3,000.00 12 Signage (installation) 1 ea $1,500.00 $1,500.00 13 Landscape /Irrigation (installed) 1 ea $4,800.00 $4,800.00 14 Light 1 ea $2,850.00 $2,850.00 15 Light (installation) 1 ea $2,200.00 $2,200.00 16 Security Camera 1 ea $500.00 $500.00 17 Security Camera (installation) 1 ea $500.00 $500.00 18 Roadbase for new parking lot 174 tons $13.50 $2,349.00 Town of Eagle Public Works - New Parking Lot 19 Construction (remove material, relocate boulders, etc.) 1 ea $9,120.00 $9,120.00._ Sub Total: $108,637.0 $20,475.00 Contingency 5 %: $5,431.8 $1,023.75 Sub Total: $114,068.85 $21,498.75 Total: $135,567.60 Eagle County Half: $67,783.80 Town of Eagle Half: $67,783.80 Town of Eagle In -Kind: $21,498.75 Town of Eagle CASH: $46,285.05