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Home My WebLink Aboutbocc.res.003.2012 C4NTRACT#�'`f�r�r a (G�,�(�G �et�) RESOLUTTON OF THE BOARD OF COUNTY COMNIISSIONERS OF PITHIN COUNTY,COLORADO,AUTHORIZING PITKIN COUNTY TO ` ENTER INTO AN INTERG�,V�,E'MERNMENTAL AGREEMENT WITH EAGLE COUNTY FOR THE �-2014 SEASON OF SNOW REMOVAL IN THE FRYING PAN VALLEY RESOLUTION NO. �-2012 l. 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 2. In previous years Pitkin County maintained all of Frying Pan Road and Eagle Thomasville Road through an Intecgovernmental Agreement with Eagle County reimbursing Pitkin County for costs incurred; and 3. The Counties believe they can more eff ciently maintain the county roads in the Frying Pan Valley by working together; and 4. The purpose of this Agreement is to set forth the respective responsibitities and obligations of the Counties regarding the maintenance of county roaas in the Frying Pan Valley during winter months; and 5. The Counties have determined that it is in the best interest of the citizens of Pitkin County and EagIe County residing in the Frying Pan Valley to extend this Agreement; and 6. This Agreement is entered in tc�pursuant to inter alia, C.R.S. 29-1-201 et se .And Article XIV, Section 10 of the Colorado Constitution. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado approves the attached Intergovernmental Agreement with Eagle County which outlines the requirements and conditions for snow removal in the Frying Pan Valley and authorizes the Chair to execute the necessary documents. INTRODUCED,FIRST REA� AND SET FOR PUBLIC HEARING ON THE �DAY OF � ��/( NOTICE OF.PUBLIC HE G PUBLISHED IN THE ASPEN TIlVIES WEEKLY ON THE��DAY OF r� �0�� 1 ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON /-//'�4��-: PUBLISHED BY TITLE AND SHORT SU�RY,AFTER OPTION, IN THE ASPEN TIMES WEEKLY ON THE��_ DAY O GdI' 2012. A TEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, OLORADO � �° r , Gu.�► By �G � Je ette Jones Michael M. Owsley, Chairman Deputy Clerk&Recorder APPROVED AS TO FORM: MANAGER APPROVAL: ________�_`-_-� � .....�"' John El ou ttorney Jon P cock, County Manager �'` .�� 2 ' +� �t�NTRACT#��,�� AN INTERGOVEMERNMENTAL AGREEMENT WITH EAGLE COUNTY FOR TAE��-2014 SEASON OF SNOW REMOVAL IN THE FRYING PAN VALLEY THIS INTERGOVERNMENTAL AGREEMENT, ("Agreement")is made this�day of ��_��, 2012,by and between the PITKIN C('�UNTY, COLORADO, a body corporate and politic, by and through its Board of County Commissioners ("Pitkin County") and the EAGLE COLTNTY, COLORADO, a body corporate and politic by and through its Board of County Commissioners ("Eagle County"). AGREEMENT NOW THEREFORE, for and in consideration of the mutual covenants and agreements of the parties and other good and valuabie consideration,the adequacy and sufficiency of which is hcreby acknowledged,the pai-�ies agree as follaws: 1. This Agreement is for a one year term whi ah�hall automatically renew for additional one year terms through 2014. Each year from�i-�'through 2014 (beginning November 1 through Apri120)Pitkin County through its Road and Bridge Department shall be physically responsible for snow removal, rock and debris removal, and road checks associated with the snow removal on all county roads in the Frying Pan Valley,which includes the Frying Pan Road, and the Eagle-Thomasville Road, Eagle County agrees to reimburse Pitkin County for certain costs incurred by Pitkin County as provided in this Agreement. 2. Pitkin County through its Road and Bridge Department shall be responsible for snow removal,rock and debris removal and road checks associated with snow removal for the Eagle-Thomasville Road. Eagle County shall reimburse Pitkin County bi-annually for 30%of the cost of snow removal of this road. The 30%was determined using ownership mileage for the maintained portion of Eagle-Thomasville Road. Reimbursement shall be based upon the rates set forth in paragraph 4 hereo£ 3. Pitkin County shall be responsible for the removal of any isolated rock fall occurring on any of the county roads in the Fzying Pan Valley. In the event of a large debris problem on the Frying Pan Valley Roads, Eagle Counry shall assist Pitkin County in the removal effort. In addition to assisting Pitkin County with the removal effort, Eag1e County will also 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 in paragraph 4 hereof. 4. Eagle County will reimburse Pitkin County for man hours and equipment time for snow removal on the approximately 19 mile Eagle County portion of the Frying Pan Road at an hourly rate of$65.00. Should operator labor exceed 40 hours per week, the hourly wage will increase to $80.00 for those additional hours. 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 provide sanding material to be used on the Frying Pan Road. No fee shall be charged. 6. Eagle County shall allow Pitkin County to park a plow truck within the Eagle County Road and Bridge facility in El Jebel with a hook-up for an electric block heater or in the heated building and allow access for a Pitkin County employee to use the facility in order to perform the obligations under this Agreement. 7. This Agreement may be changed or modified only in writing by an agreement approved by the respective Boards. 8. Nothing in this Agreement shall be deemed to make employees of either County an agent,employee,partner or representative of the other County. 9. Notwithstanding anything to the contrary contained in this Agreement, neither County shall ha�e any obligations under this Agreement after December 31, 2012 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners 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.) and the TABOR Amendment(Colorado Constitution,Article X, Sec. 20). 10. 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 r provisions hereof are severable. 1 ' -�i�s 1�r.ecrnPNf- r's -fa� a o�v-c `��4� f.,e�„a� w�•�h sf��/ �1fr�m�f-ic�//r . i";eN.CW � ,�4d f�a�a/ o�✓ �Ctr f:e,r'rns 7�1�oe� !�, �/'�. 11.�l ' ear .--,,,�' -c��+cc�ie� The Counties reserve the right to cancel this Agreement for unsa�isfactory � J 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 P ' following addresses: Pitkin County Board of County Commissioners . c/o Pitkin County Manager 530 East Main Street, Suite 302 Aspen, Colorado 816ll ' l Eagle County Board of County Commissioners c/o Eagle County Manager P.O.Box 850 Eagle, Colorado 81631 12. The foregoing Intergovernmental Agreement is approved by the Board of County Commissioners of Pitkin County at its regular meeting held on the/f� day of �4tt,r.� �2012, and by the Board of County Commissioners of Eagle County at its regular meeti,g held on the �'I day of , 2012. �� ATTEST: BOARD OF COUNTY COMMISSIONERS � OF PITKIN COUNTY, COLORADO � F '� � � ..�� .i �'.,� J ��- ��r�Ur� By: � � G°� _ _��,� _ ii Cl�rk of the Board `' Date Michael M. Owsley, Chairman Date ATTEST: BOARD OF COUNTY COMMISSIONERS o�� OF EAGLE CO Y, DO � x -� By: � * , Clerk to the Bo d Date otoe�o° ��, Chairman Date w��'• ��- � o "Pvl�c�- f: t2unyan ,'' �