HomeMy WebLinkAboutbocc.con.220.21 - BOCC DocuSign Envelope ID: DD404599-18BD-4D81-A47A-E89CE04F8829 Contract No. 220.2021
Attached
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS ("BOCC") OF PITKIN COUNTY,
COLORADO,APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN AND EAGLE COUNTY ("FOR SNOW
REMOVAL IN THE FRYING PAN VALLEY FOR
WINTER 2022-2026")
RESOLUTION NO. 057-2021
RECITALS
WHEREAS, Pursuant to Title 29, Article 1,part 2, Colorado Revised Statutes, as amended
(the"Intergovernmental Relations Statutes") and Article XIV, Section 18 of the Colorado
Constitution, governments may contract with one another to provide any function, service
or facility lawfully authorized to each of the contracting units and any such contract may
provide for the joint exercise of the function, service or facility, including the establishment
of a separate legal entity to do so, and;
WHEREAS, Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter
("HRC") official action by formal resolution shall be required for all actions of the Board
not requiring ordinance power on matters of significant importance affecting citizens, and;
WHEREAS, Pitkin County("Pitkin") and Eagle County("Eagle") wish to enter into an
intergovernmental agreement for the purposes of setting forth responsibilities and
obligations of each County regarding continued snow removal of the roads in the Frying
Pan Valley during the winter months, and;
WHEREAS, Both Pitkin and Eagle are governments authorized to enter into
agreements pursuant to C.R.S. § 29-1-203 for purposes including the provision of
any function, service, or facility lawfully authorized to each, and;
WHEREAS, The BOCC finds that it is in the best interests of the citizens of Pitkin and
Eagle to enter into this agreement in order to ensure snow and hazard removal allowing
for safe and efficient travel on the roads in the Frying Pan Valley for the citizens of both
Eagle and Pitkin County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that Pitkin County is authorized to enter into an
Intergovernmental Agreement with Eagle County as attached hereto as Attachment"A"in
substantially the same form satisfactory to thg County Attorney, and authorizes the Chair or
designee, to sign the resolution and the agreement on behalf of Pitkin County.
DocuSign Envelope ID: DD404599-18BD-4D81-A47A-E89CE04F8829
INTRODUCED AND FIRST READ ON THE 11TH DAY OF AUGUST, 2021 AND SET
FOR SECOND READING AND PUBLIC HEARING ON THE 25TH DAY OF AUGUST
2021.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 12TH DAY OF
AUGUST, 2021.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com)
ON THE 12TH DAY OF AUGUST 2021.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 25TH DAY
OF AUGUST 2021.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE 26TH DAY OF AUGUST 2021.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE 2ND DAY OF SEPTEMBER, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Byaftbl By: 7Z 74-
Julia Ely Kelly McNicholas Kury, Chair
Deputy County Clerk
Date: Sep-06-2021
APPROVED AS TO FORM: MANAGER APPROVAL
106, El/ PI1(�s (4.a{{icc,
John Ely, County Attorney Phylis Mattice for Jon Peacock, County
Manager
Revised 01/01/2021
2
DocuSign Envelope ID: DD404599-18BD-4D81-A47A-E89CE04F8829
Contract No. 220.2021
AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY FOR THE
2022-2026 SEASON OF SNOW REMOVAL IN THE FRYING PAN VALLEY
THIS INTERGOVERNMENTAL AGREEMENT, ("Agreement") is made this 26th day of
October , 2021, 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 shall hereby supersede and replace the Intergovernmental Agreement for
the 2017-2021 Season of Snow Removal in the Frying Pan Valley by and between Pitkin
County and Eagle County and dated September 27, 2016 (C15-092).
2. This Agreement is for a one (1) year term which shall automatically renew for an
additional, four(4), one (1) year terms for a total of five (5) years, through December
31, 2026. 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(winter season approximately
November 1-April 1). Eagle County agrees to reimburse Pitkin County for certain costs
incurred by Pitkin County as provided in this Agreement.
3. 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 as determined using ownership mileage for the
maintained portion of Eagle-Thomasville Road. Reimbursement shall be based upon the
rates set forth in Paragraph 5 hereof.
4. 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 5 hereof.
DocuSign Envelope ID: DD404599-18BD-4D81-A47A-E89CE04F8829
5. 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$81.00. Should operator labor exceed 40 hours per week, the hourly wage
will increase to $96.00 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.
6. Eagle County shall provide sanding material to be used on the Frying Pan Road. No fee
shall be charged.
7. 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.
8. This Agreement may be changed or modified only in writing by an agreement approved
by the respective Boards of County Commissioners.
9. Nothing in this Agreement shall be deemed to make employees of either County an
agent, employee,partner or representative of the other County.
10. Notwithstanding anything to the contrary contained in this Agreement, neither County
shall have any obligations under this Agreement after December 31, 2016 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).
11. 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.
12. Each County reserves 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
DocuSign Envelope ID: DD404599-18BD-4D81-A47A-E89CE04F8829
Aspen, Colorado 81611
Eagle County Board of County Commissioners
c/o Eagle County Manager
P.O. Box 850
Eagle, Colorado 81631
13. The foregoing Intergovernmental Agreement is approved by the Board of County
Commissioners of Pitkin County at its regular meeting held on the 25th day of
August, 2021, and by the Board of County Commissioners of Eagle County at its
regular meeting held on the 26th day of October , 2021.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
juttia 01 Sep-07-2021 By: k„.§ 7Z 7 Sep-06-2021
Clerk of the Board Date Kelly McNicholas Kury, Chair Date
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF EAGLE COUNTY, COLORADO
DocuSigned by: DocuSigned by:
10/26/2021 B n, _ll 10/26/2021
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