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Home My WebLink About2010-27 IGA with Eagle County regarding Recycle-Drop Off Site RESOLUTION NO. 27 Series of 2010 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COUNTY OF EAGLE REGARDING RECYCLE -DROP OFF SITE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter "); and WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, the Town currently has an agreement with a contractor to manage the town's recycle drop -off site; and WHEREAS, the County of Eagle (the "County ") has hired a contractor to transport recyclable material from drop -off sites throughout Eagle County; and WHEREAS, the Town and the County of Eagle (the "County ") wish to enter into an Intergovernmental Agreement (the "IGA ") authorizing the County to reimburse the Town at a fixed rate per haul for co- mingled containers, newspapers containers and cardboard containers WHEREAS, the Council considers it in the interest of the public health, safety and welfare to provide recycling drop -off services; and WHEREAS, the Council's approval of Resolution No. 27, Series 2010, is required to enter into an IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAI L, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with the County of Eagle, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the o Council of the Town of Vail held this 2 day of November, 2010. f Richard Clev r , Town May r A TE � el ' onal son Town Clerk • SEAL • ' 1� AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND TOWN OF VAIL REGARDING RECYCLE DROP OFF SITE THIS AGREEMENT ( "Agreement "), dated this day of , 2010 is between Eagle County, Colorado, located at 500 Broadway, Eagle, CO 81631 ( "County ") and Town of Vail, Colorado a municipal corporation, located at 75 South Frontage Road, Vail, CO 81658 ( "Town "). WITNESSETH: WHEREAS, County has hired a vendor to transport collected recyclable material from drop -off collection sites situated throughout greater Eagle County to the Eagle County Recycled Materials Recovery Facility (MRF) located at 605 Ute Creek Road, Wolcott, Colorado; and WHEREAS, Town currently has an agreement with a contractor to manage their recycle drop -off site and desires to maintain that agreement rather than having County or its contractor provide such services; and WHEREAS, County and Town intend by this Agreement to set forth the scope of the responsibilities and related terms and conditions to govern the relationship between the parties in connection with this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Town agree as follows: 1. County hereby acknowledges that Town currently has a contractual agreement with a hauler to manage their recycle drop -off site. 2. County will reimburse the Town at the rate of $190 per haul for co- mingled containers, newspaper containers and cardboard containers. County shall not be responsible for any charges, fees or amounts in excess of $190 per haul. Town shall send monthly invoices to Eagle County specifying the date of each haul, number of hauls and material types hauled. 3. All recyclable material collected at the Town's drop -off site shall be delivered to the Eagle County MRF. In the event the Town or its' contractor elects to deliver the recyclable materials collected at the Town of Vail to other than the Eagle County MRF then this Agreement shall immediately terminate and neither party shall have any obligations hereunder. 4. In the event Town terminates its current agreement for hauling services or chooses to not renew its existing hauling agreement, then County shall provide such services so long as County has the ability to provide such services and further has properly appropriated funds for such services. In the event that County provides hauling services for recyclable materials located at the Town of Vail site either directly or through a third party contractor this Agreement shall immediately terminate and neither party shall have any obligations hereunder. 5. If not previously terminated as set forth herein, this Agreement shall terminate on December 31, 2011. This Agreement may be renewed annually by mutual written agreement of the parties. 6. County will issue payment to Town within thirty (30) days of receipt of a satisfactory monthly invoice from Town. 7. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement, nor shall any payments be made to Town in respect of any period after December 31, 2010 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). 8. This Agreement shall be governed and construed in accordance with the laws of Colorado. Venue for any action arising out of any dispute pertaining to this Agreement shall be in the State of Colorado, District Court in and for Eagle County, Colorado. 9. This Agreement, and the rights and obligations created hereby, shall be binding upon and inure to the benefit of County and Town and their respective successors and assigns. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than County or Town and their respective successors and assigns, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. 10. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provision shall be fully severable and this Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Agreement. a � 11. This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by both County and Town or as otherwise set forth herein. This Agreement represents the full and complete understanding of County and Town and supersedes any prior agreements, discussions, negotiations, representations or understandings of County and Town with respect to the subject matter contained herein. 12. The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees hereto. 13. Any notice and all communications required under this Agreement shall be given in writing by personal delivery, fax, e-mail or mail to the appropriate party at the following addresses: County: Town: Ronald L. Rasnic, Solid Waste Manager Bill Carlson, Env. Health Officer Solid Waste & Recycling Department Kristen Bertuglia, Sus. Coordinator P.O. Box 473 75 South Frontage Road Wolcott, Colorado 81655 Vail, CO 81657 (970) 328 -3465 (p) (970) 479 -2333 (p) (970) 328 -3466 (f) (970) 479 -2452 (f) ron.rasnic -eaglecounty.us bcarlson @vailgov.com kbertu Iq_ iaCa Notices shall be deemed given on the date of delivery or three days after the postmarked date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. IN WITNESS WHEREOF, County and Town have executed this Agreement this day of , 2010. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS BY: BY: Clerk to the Board of County Sara J. Fisher, Chairman Commissioners TOWN OF VAIL BY: