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Home My WebLink Aboutbocc.packet.12172014 - Eagle County Snow Plow IGAAGENDA ITEM SUMMARY REGULAR MEETING: December 17, 2014 AGENDA ITEM TITLE: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING PITKIN COUNTY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY FOR SNOW REMOVAL IN THE FRYING PAN VALLEY FOR 2015 THROUGH 2019 STAFF RESPONSIBLE: Brian Pettet, Director of Public Works Mike McAndrews, Road and Bridge Superintendent ISSUE STATEMENT: This is a renewal agreement with Eagle County and has been in place for the last seventeen years. Pitkin County and Eagle County can efficiently maintain roads in the Frying Pan Valley by working together. Both Counties have proposed an agreement to set forth their respective responsibilities and obligations regarding the maintenance of the roads during the winter months. BACKGROUND: During the winter months since 1997, Pitkin County has maintained the Frying Pan Road and Eagle Thomasville Road through an Intergovernmental Agreement with Eagle County reimbursing Pitkin County for this effort. Pitkin County’s Road and Bridge Department has been 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. This agreement has proven effective and efficient for both Counties. LINK TO STRATEGIC PLAN: Flourishing Natural and Built Environment Ease of mobility via safe and efficient transportation systems KEY DISCUSSION ITEMS: Does the Board support this shared agreement with Eagle County? BUDGETARY IMPACT: Pitkin County spent $79,202.00 in equipment time and labor during the 2013-14 winter season in the Frying Pan Valley. Given the existing agreement, Eagle County reimbursed Pitkin County $51,289.41. This arrangement works well for both counties as Eagle County does not have to deploy people or equipment in response to snow events in the Frying Pan Valley and Pitkin County is able to plow the Eagle County portion of the road in route to the Pitkin County portion of the road. RECOMMENDED BOCC ACTION: Approve resolution on first reading and set for a second reading and public hearing. ATTACHMENTS: Intergovernmental Agreement Resolution 1 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING PITKIN COUNTY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY FOR SNOW REMOVAL IN THE FRYING PAN VALLEY FOR 2015 THROUGH 2019 RESOLUTION NO. _______2014 1. Pitkin County and Eagle County would like to renew their agreement for snow removal in the Frying Pan Valley. 2. The purpose of this aggrement is to set forth responsibilities and obligations of each County regarding snow removal of these roads in the winter months. 3. It has proven benifical that it is in the best interest of the citizens of Pitkin County and Eagle County living in the Frying Pan Valley to extend this Intergovernmental Agreement and to accept the Intergovernmental Agreement pursuant to the terms, requirements and conditions contained in the Agreement. NOW, THEREFORE, 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 terms, requirements and conditions for snow removal in the Frying Pan Valley and authorizes the Chair to execute the necessary documents. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE ______ DAY OF _______________ 2014. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE _______ DAY OF _____________, 2014. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com ) ON THE ______DAY OF _______________ 2014. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE ______ DAY OF _______________ 2014. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE _____ DAY OF ____________, 2014. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com ) ON THE ______DAY OF_______________ 2014. 2 ATTEST: BOARD OF COUNTY COMMISSIONERS By _________________________ By: _____________________________ Jeanette Jones Robert A. Ittner, Jr., Chair Deputy County Clerk Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL ___________________________ _________________________________ John Ely, County Attorney Jon Peacock, County Manager AN INTERGOVEMERNMENTAL AGREEMENT WITH EAGLE COUNTY FOR THE 2015-2019 SEASON OF SNOW REMOVAL IN THE FRYING PAN VALLEY THIS INTERGOVERNMENTAL AGREEMENT, (“Agreement”) is made this _____day of ________, 2014, by and between the PITKIN COUNTY, COLORADO, a body corporate and politic, by and through its Board of County Commissioners (“Pitkin County”) and the EAGLE COUNTY, 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 valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. This Agreement is for a one (1) year term which shall automatically renew for additional one (1) year terms through 2019. Each year starting from January 2015 through December 2019 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 hereof. 3. Pitkin County shall be responsible for the removal of any isolated rock fall occurring on any of the county roads in the Frying Pan Valley. In the event of a large debris problem on the Frying Pan Valley Roads, Eagle County shall assist Pitkin County in the removal effort. In addition to assisting Pitkin County with the removal effort, Eagle 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 thirty (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 have any obligations under this Agreement after December 31, 2014 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 provisions hereof are severable. 11. This Intergovernmental Agreement shall remain in effect for one (1) year 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 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 _____day of ______2014, and by the Board of County Commissioners of Eagle County at its regular meeting held on the _______day of __________, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO _________________________________ By: ______________________________ Clerk of the Board Date Robert A Ittner, Jr., Chair Date ATTEST: BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO By:______________________________ __________________________________ Clerk to the Board Date Jill Ryan, Chairman Date