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Home My WebLink Aboutbocc.res.173.2002 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING PITKIN COUNTY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY FOR THE 2002- 200E SEASON OF SNOW REMOVAL IN THE FRYING PAN VALLEY RESOLUTION# 2002 Recitals 1. Since 1997 Pitkin County has maintained all of the Frying Pan 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 the roads in winter months; and 3. The BOCC has determined that it is in the best interests 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 inter alia.C.R.S. §29-1-201 et.sec.. and Article XIV, Section 10 of the Colorado Constitution. 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 the 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 28TH DAY OF AUGUST 2002. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON 31ST DAY OF AUGUST 2002. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 11TH DAY OF SEPTEMBER 2002. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 21ST DAY OF SEPTEMBER 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS OF P KIN COUNTY,COLORADO J+nette Jones Date Patti Kay-Clap er Date 1a puty Clerk '� Chaii erson APPROVED AS TO FORM: J � �- - , _ .__.------------- Hilary FI c r-Smith County Mamiager John M.EI Date Cou torney o� Temple Glassi ( ate �l Deputy Director Public lurks INTERGOVERNMENTAL AGREEME7�'.' BETWEEN THE COUNTIES OF PITKIN AND EAGLE FOR THE 2002 SEASON OF SNOW REMOVAL IN THE FRYING PAN VALLEY PARTIES THIS INTERGOVERNMENTAL AGREEMENT, ("Agreement")is made this 11th day of September 2002,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 2. Previous years Pitkin County maintained all of the Frying Pan Road through an 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 seR. and Article MV,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 Pitkin County Road and Bridge Department shall be physically responsible for snow removal and rock and debris removal associated with the snow removal in thr- 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 costs shall be only as provided in this Agreement. 2. The Eagle/Thomasville Road shall continue to be plowed on a contractual basis between Pitkin County and an independent snow removal contractor. Pitkin County will invoice Eagle County monthly for 30% of the cost of snow removal and Pitkin County shall contribute 70%. 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 County 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 $57.39. This rate is calculated by adding the hourly wage ($22.39) 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 $33.5.9, (which accounts for time and one half), raising the total hourly cost of snow removal to $68.59. Pitkin County shall invoice Eagle County on a monthly basis 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 $12.00 per ton, and shall be included in the monthly invoice described in paragraph 4, with the same payment terms applied. 6. Eagle County shall stage a grader at the Thomasville/Meredith Fire Station. Pitkin County will use the grader in emergency situations or in the event the Eagle/Thomasville Road requires additional winter maintenance, Pitkin County would determine this. Pitkin County shall be responsible for fueling of the grader and for maintenance of the lubricating fluid levels in the grader. 7. This Agreement may be changed or modified only in writing by an agreement approved by the respective Boards and signed by the authorized Directors of the Road and Bridge Departments for each County. 2 8. Should one or more sections or provisions 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 section,; and provisions here( f are severable. 9. This Intergovernmental Agreement shall be 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 funds 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 11th day of September, 2002, and by the and of Co my Commissioners of Eagle County at its regular meeting held on the day of c' 2002. BOARD OF COUNTY COMMISSIONERS A ST: f OF PIT N COUNTY, COLORADO 7 In B - �G C y � Clerk to the Board DATE: / :i 'a Chairperson DATE: of-13-0d BOARD OF COUNTY COMMISSIONERS ATTEST: c�� F EAGLE COUNTY, COLORADO v> - y Clerk to the Board DATE: ��'�t Asa; `.` Chairperson A E 1 Brad Higg ns TE: /0 -/U • 6 7 Temple GE sier TE: A Eagle County Roa & Bridge Deputy Director/Asset Division