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HomeMy WebLinkAboutC18-331 Town of Avon IGA Eagle County-Town of Avon IGA re: Lot 5 Recycle Center Sept. 27, 2018 Page 1 of 5 INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND TOWN OF AVON, COLORADO REGARDING THE LOT 5, VILLAGE (AT AVON) RECYCLING CENTER THIS INTERGOVERNMENTAL AGREEMENT, (“Agreement”) is made on __________________, by and between EAGLE COUNTY, COLORADO, a body corporate and politic, by and through its Board of County Commissioners (“County”) and TOWN OF AVON, COLORADO, a body corporate and politic, by and through its Town Council (“Town”). RECITALS A. 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 B. The parties are each committed to implementing their respective Climate Action Plans, which include in part the reduction of landfill waste streams through the utilization and promotion of community recycling centers; and C. A new recycling drop off site is planned to be opened in the fall of 2018 on a portion of property owned by the Town, located at 375 Yoder Avenue, also known as Lot 5, Village (at Avon) Filing 1, Avon, Colorado (“Lot 5”); and D. The parties desire to recognize their respective rights and responsibilities with respect to the new recycling drop off site; and E. The parties believe they can best manage the recycling site for the benefit of the public by working together; and F. This Agreement is entered into 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. License. The Town hereby provides a license to Eagle County, subject to the terms of this Agreement, to locate and operate containers for the collection and hauling of recyclable materials on a portion of Lot 5 as described in Exhibit A: Site Diagram (“Site”). The use and drop-off of appropriate recyclable materials at the Site shall be open to the general public and shall be permitted at no charge, unless otherwise agreed in writing by the Parties. 2. Town Responsibilities. The Town shall be solely responsible for preparation of the Site (subject to the cost sharing in paragraph 4 below) 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 DocuSign Envelope ID: 4394A3EB-306D-4E63-8290-815CF9057F54 11/13/2018 Eagle County-Town of Avon IGA re: Lot 5 Recycle Center Sept. 27, 2018 Page 2 of 5 public between the hours of 8:00 a.m. and 5:00 p.m., seven days a week, unless unacceptable activities occur during the established hours of operation, in which case the Town, with notice to the County, can adjust the hours of operation on a temporary or permanent basis. 3. County Responsibilities. a. The County shall be solely responsible for providing a sufficient number of containers to the Site. Initially this shall include four 30-yard roll off containers. The containers shall be owned and maintained by the County. Maintenance and up keep of the containers shall include permanent signage and painting of the containers. b. The County shall be responsible for the costs of hauling the containers, Site clean-up of waste left around the containers on each week day (i.e. Monday through Friday), providing the plastic bag trash bin, and provide such other containers for recycling as may be mutually approved by the parties. 4. Site Preparation. The parties estimate that the total cost of preparing the Site will be $30,000 or less. Site preparation will include installation of fencing, security cameras and grading as necessary. The Town and County agree to each pay one half of the total cost to prepare the Site provided that the Town’s share and the County’s share shall each not exceed $15,000. 5. Containers. The County may place such number of containers and size as containers as the County deems appropriate for collection of recyclable materials so long as such containers fit within the Site. In the event that additional improvements are desired on the Site in connection with the operation of the recycling center (e.g. asphalt, drainage, landscaping or other structures or containers for collection of recyclable materials), then the parties agree to work in good faith to determine appropriate design, terms, and cost sharing of such additional improvements which shall be documented in an amendment to this Agreement. The parties acknowledge that Town has current and future municipal public works use needs for Lot 5 and that any expansion or reconfiguration of the Site is subject to Town’s approval in its sole discretion. 6. Term and Termination. a. Term. This Agreement shall be for a one-year term commencing November 1, 2018 and shall be automatically renewed for subsequent one-year terms. b. Termination. This Agreement may be terminated by either party upon ten (10) months written notice to the other. 7. Insurance; Indemnification. a. The County and the Town shall respectively provide its own general liability and public officials’ errors and omissions insurance coverage for claims arising from this Agreement. Further, the County and the Town, respectively as named insureds, shall include the other respective party, its officers, employees, and agents, as additional insureds under the named insured’s insurance policies. The named insured’s insurance shall be primary and non- contributory as respects any covered claim against an additional insured arising out of this Agreement. This provision shall survive expiration or termination of this Agreement. DocuSign Envelope ID: 4394A3EB-306D-4E63-8290-815CF9057F54 Eagle County-Town of Avon IGA re: Lot 5 Recycle Center Sept. 27, 2018 Page 3 of 5 b. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to either party, its officials, employees, contractors’ or agents, or any other person acting on behalf of either party and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. This paragraph shall survive termination of this Agreement. 8. Amendment. This Agreement may only be changed or modified by a written amendment, signed by each party. 9. Independent Parties. 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. 10. No Third-Party Beneficiaries. Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for any third party. Absolutely no third-party beneficiaries are intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 11. No Assignment. This Agreement shall be binding upon the parties hereto, their successors or assigns and may not be assigned by anyone without the prior written consent of the other respective party hereto. Any attempt to assign this Agreement without the consent of the other party shall be null and void. 12. Severability. 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. No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town and/or County, its officials, employees, contractors, or agents, or any other person acting on behalf of the Avon and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 14. Annual Appropriation. 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 of any year without an appropriation therefore by the County in accordance with a budget adopted by the Board of County Commissioners or by the Town Council of the Town of Avon, in their sole discretions, in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29-1-101 et. seq.), the TABOR Amendment (Colorado Constitution, Article X, Sec. 20), and with respect to the Town, the Town of Avon Home Rule Charter. 15. Notice. Any notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party, or e-mailed provided the recipient acknowledges receipt of the e-mail, all at the following addresses: DocuSign Envelope ID: 4394A3EB-306D-4E63-8290-815CF9057F54 Eagle County-Town of Avon IGA re: Lot 5 Recycle Center Sept. 27, 2018 Page 4 of 5 Town of Avon c/o Town Manager Scott Wright 1 Lake Street P.O. Box 975 Avon, Colorado 81620 swright@avon.org 970-748-4055 County of Eagle c/o Solid Waste and Recycling Manager Jesse Masten 815 Ute Creek Road P.O. Box 473 Wolcott, Colorado 81655 jesse.masten@eaglecounty.us 970-328-3472 [SIGNATURE PAGE FOLLOWS] DocuSign Envelope ID: 4394A3EB-306D-4E63-8290-815CF9057F54 Eagle County-Town of Avon IGA re: Lot 5 Recycle Center Sept. 27, 2018 Page 5 of 5 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 BOARD OF COUNTY COMMISSIONERS By:_________________________________ By: ______________________________ Regina O’Brien, Clerk of the Board Kathy Chandler-Henry, Chair ATTEST: TOWN OF AVON, STATE OF COLORADO by and through its Town Council By:______________________________ By: _______________________________ Debbie Hoppe, Town Clerk Jennie Fancher, Mayor DocuSign Envelope ID: 4394A3EB-306D-4E63-8290-815CF9057F54