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Home My WebLink Aboutbocc.con.428.2016 CONTRACTS"- 20 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR A RECYCLING COST SHARING PROGRAM WITH THE TOWN OF SNOWMASS VILLAGE RESOLUTION NO. 1 f7,2016 RECITALS: I. Pursuant to Title 29, Article 1, part 2, Colorado Revised Statutes, as amended (the "Intergos emmeutal Relations Statutes") and Article XIV, Section IS of the Colorado Constitution, governments may contract st ith one another to provide ally function, sen ice or facility lawfully authorized to each of the contracttng units and any such contract may pros ide fm the joint exercise of the function, sen ice or facility, including the establishment of a separate legal entity to do so. 2. Pitkin County and Town of Snowmass Village wish to enter into an intergovernmental agreement for the proposes of recycling cost sharing and, 3. Both Pitkin County and Town of Snowmass Village arc governments authorized to enter into agreements pursuant to C.R.S § 29-I-203 for purposes including the pros;mon of any function. service, or facility lawfully authorized to each, and 4. The 130CC' finds that it rs in the best interest of the citizen, of Pitkin County and Town of Snowmass Village to enter into this agreement in order to ensure continuity of recycling services and reasonable shanng of costs. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that Pitkin County is authorized to enter inw an Intergos ernmental Agreement with I own of Snowiness Village in substantially the same form satisfactory to the County Attorney, and authorizes the Chair or designee. to sign the agreement on behalf of the Cmtnts. j INTRODUCED AND FIRST READ ON THE ?Ca _DAY OF &tie&. . 2016 ANDT FOR SECOND READING AND PUBLIC HEARING ON THE_') ' DAY l OF t est iu.fret 2016. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF TRIS RESO,UTION PUBLISHED N THE ASPEN TIMES WEEKLY ON THE 9..Y DAY J OF (LV.Cyt✓, 2016 NOTICE OF PUBLIC I SEARING AND]HE FULL TEXT OF THE RESOLUTION POSTED ON TILE OFFICIA PIEK IN COUNTY WEBSITE ( www.pitkmcounn.com ) ON TI IE 3tj )AY OF (N41, Mf 12016. ADOPTEI)1AfTER FINAL READING AND PUBLIC HEARING ON TILE / DAY OF (Lia lN✓ 2016. PUBLISHED BY TITLE AND SHORT SUMMARY, r f ER ADOPTION, IN T I IE ASPEN TIMES WEEKLY ON THE/71€ DAY OF /,, 2.4 2016. POSTED BY TITLE AND SIIORI SUMMARY ON THE OFF PITKIN COUNTY 11'EBSITF, ( rvµn.nitkincauNy.coin 10N THE C-1 0;11` OF \_,/a4,4 nLJrr 20I6. ATTEST: BOARD OF COUNTY COMMISSIONERS 13 _ Kik vJ 41L0-, By: lea cue Jones / Rachel E. Richards, ('hair De uty('ounly Cler Date: PATO('/(' Z" �� APPROVED AS TO FORM: MANAGER APPROVAI. John Ely, County Attorney Jon P.acock,'C'ounty Manager CONTRACT#k ° , 96/6 INTERGOVERNMENTAL AGREEMENT FOR RECYCLING C OS I SHARE WITH THE TOWN OF SNOWMASS VILLAGE: 11HS INTERGOVERNMENTAL AGREEMENT;the"Agreement")is made this 411 ay of }SPL ember . 2016 by the COUNTY OF PITKIN, STATE OF COLORADO,by and through its Board of County Commissioners,chose address is 530 East Main Street, Aspen. Colorado.SI611 ("Pickin')and Town of Snowmass Village,t"1 OW')by and through its I gon.,snl.tj .whose address is ?0.3egSO Scos/,CO collectively the (`Parties) ti klC NOW.THEREFORE, in consideration of the mutual promises and agreements of the parses and other good and valuable consideration, the receipt and sufficiency of whish is hereby acknowledged.the parties agree as follow. I t his Agreement is entered into pursuant to,Wei alar.C R S 29-1.20L er reg and Article XIV,Section I%of the Colorado Constitution Tenn The term of this Agreement is from January I. 20 I7 to December +I, 2021 3. l OS'Obligations. d TOS V will reconcile the cost of rel ycling sen ices,to include,collection, hauling, staffing.tipping fees, and revenues against the Count)'s transportai:on to processing facility costs h TOSV will provide the sen ice costs to the County by February, 1st of the follow mg year F. Pitkm's()biinatiais u Pitkin County will compensate TOSV 5010 of its recycling costs Ii The County will reconcile the costs by February 15^'of the following year If the compensated costs are less than 50%of TOSVs recycling costs,the County cull reimburse TOSV the remaining amount c. The Pitkin County Solid Waste Center ISWC)will serve as a transfer point,with no tonnage limits, for recyclable matenals genet aced and hauled by the lou n of Snow mass Village{TOSV) J TOSV u tit be waffled at least 60 days et adaancc o,any proposed,at changes to the single stream recycling drop ofl at the SWC e The agreement between TOS V and the SWC will be revisited annually A significant change can include the change in our contracted recycling hauling service,or if recycling sen ices are tennuiated at the SWC Asstenabtllly_ This agreement is not assignable by either party 6 Modification. 'Ibis Agreement may be changed or modified only in writing by an agreement approved by the respeeut e Boards of the Go'ernments and signed by authorized officers of each party. This Agreement constitutes the entire Agreement between the parties and all other promises and agreements relating to the subject of this Agreement,whether oral or written,arc merged herein 7. Severability Should any one or more sections or provisions of this Agreement he Judicially adjudged invalid or unenforceable,such judgment shall not affect, impair. or invalidate the remaining provisions of this Agreement.thz intention being that the various sections and provisions hereof are severable 8 Nonce, Any notice required or permitted under this Agreement shall be in writing arid shall be hand-delivered or sent by tegtstered or certified regular mail,postage pre paid to the addresses of the parties as follows Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall also be deemed sufficient and considered delivered upon receipt of confirmation of dcln cry on the part of the sender 1o: Pitkin County With copies to: Cathy Hail Pitkin County Attorney's Office 76 Service Center Road 123 Fmma Road P204 Aspen,Colorado 81611 Basalt,Colorado 81621 Fax 970.923-2043 With copy m- Snowmass Village Attorney's Office, 130 Kearns Road,PO Box 5110, Snowmass Village,Colorado 81615. 9. Government Immunity. 1 he parties agree and understand that both parties are relying on and do not wane,by any provisions of this Agreement,the monetary limitations or terms or any other nghts, tmmumnes, and protections provided by the Colorado Governmental Immunity Act.C R.S.24-10-101,et seq.,as from nme to time amended or othenvtse available to the parties or any of their officers, agents, or employees 10 Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropnations shall constitute only cu-rently budgeted expenditures of the parties The parties' obligations under this Agreement are sub feet to each ludo.dual party's annual right to budget and appropriate the sums necessary to pros ids the services set forth herein No provision of this Agreement shall he construed or interpreted as creating a multiple fiscal year direct or Indirect debt or other financial obligation of either nr both parties within the ncan:ng of any constitutional or statutory debt limitation This Agreement shall not be construed to pledge or create a hen on any class or source of either parties' bonds of any obligations payable from any class or source of each individual party's money. I I. Binding Rights and Obligations The rights and obligations of the parties under this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns 12.Agreement made in Colorado.This Agreement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Court in and for Pitkin County,Colorado. Each party to this Agreement shall have standing to bring an action to enforce the terms of this Agreement in District Court,including an action for specific performance and injunctive relief 13. Early Termination: 14 Attorney's Fees: 1the event that legal action is necessary to enforce any of the provisions of this / rd Pni t f ,the substantially prevailing party,whether by final judgment or out of c urt settlement,shall recover from the other party all costs and expenses of such action of suit including reasonable attorney's fees The foregoing Agreement is approved by the Board of Cotmo � mmissioners of Pitkin County, Colorado at its regular meeting held on the �/ day of J..k Ed/tt JN%_ ,2016. The foregoing Agreement was approved by the "rosy la um C.o kr\ej.,1 at its regular meeting held on the lir day of '�QsgeeiN:e - ,2016. In Witness whereof,the parties hereto have caused this agreement to be executed as of the day and year first above written TOWN OF SNOWMASS VILLAGE / ATTEST - 3 _ BY: 41 /11772 Town of Snowmass Village, Clinton M Kinney. Town Managers Town of Snowmass ATTEST: I 1 i eq4/4 6(/' Jean a Jones, Deputy ounty Clerk Rachel E Rich ds, C ai� /2/ '/b APPROVED AS TO FORM: i - John Ely,County Attorney _ — —_ Jun Peaeoektunry Manager V