HomeMy WebLinkAbout2016-33 IGA with Eagle County regarding TOV Recycling Drop-off SiteRESOLUTION N O. 33
Series of 2016
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF VAIL AND EAGLE COUNTY REGARDING THE TOWN OF VAIL
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");
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, the Town and Eagle County (the "County") entered into an
Intergovernmental Agreement (the "Agreement") on November 23, 2010 regarding the Town
of Vail Recycle Drop Off Site;
WHEREAS, the Agreement has since been amended annually to extend the term for
consecutive one-year periods;
WHEREAS, the Town and County wish to extend the Agreement for an additional
one year period on the same terms and conditions as set forth in the original Agreement
WHEREAS, the Council's approval of Resolution No. 33 , Series 2016, is
required to enter into the Intergovernmental Agreement ("IGA").
NOW THEREFORE, BE I T RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby approves the IGA and authorizes the Town
Manager to enter into the IGA with Eagle County on behalf of the Town 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 Town
Council of the Town of Vail held this 1st day of November, 2016.
Dave Chapi , Mayor, o n of Vail
Resolution No. 33, Series of 2016
11/1/2016
SIXTH AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
TOWN OF VAIL
REGARDING RECYCLE DROP OFF SITE
THIS SIXTH AMENDMENT ("Sixth Amendment"), effective as of January 1, 2017, 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 and Town entered into an Agreement dated November 23, 2010
concerning the Town of Vail Recycle Drop Off Site ("Original Agreement"). The Parties
entered into a First Amendment, dated December 29, 2011, a Second Amendment, dated
November 30, 2012, a Third Amendment, effective January 1, 2014, a Fourth Amendment,
effective January 1, 2015, and Fifth Amendment, effective December 8, 2015, to extend the term
of the Original Agreement for consecutive one-year periods; and
WHEREAS, the parties desire to extend the term of the Original Agreement for an additional
one year period on the same terms and conditions as set forth in the Original Agreement.
SIXTH AMENDMENT
NOW, THEREFORE, in consideration of the foregoing premises and the following promises,
County and Town agree to amend the Original Agreement as follows:
1. Paragraph 5 of the Original Agreement will be deleted and replaced with the following:
"If not previously terminated as set forth herein, this Agreement shall terminate on
December 31, 2017. The Agreement may be renewed annually by mutual written
agreement of the parties".
2. Paragraph 13 of the Original Agreement shall be amended to revise the Notice Contact
information as follows: Jesse Masten, Solid Waste & Recycling Manager shall replace
Ken Whitehead as the contact person for the County and Bill Carlson shall be deleted
from the contact person for the Town.
3. Capitalized terms in this Sixth Amendment will have the same meaning as in the Original
Agreement. To the extent that the terms and provisions of this Sixth Amendment conflict
with, modify or supplement portions of the Original Agreement or the First, Second,
Third, Fourth, or Fifth Amendment, the terms and provisions contained in this Sixth
Amendment shall govern and control the rights and obligations of the parties.
4. Except as expressly altered, modified and changed in this Sixth Amendment, all terms
and provisions of the Original Agreement shall remain in full force and effect, and are
hereby ratified and confirmed in all respects as of the date hereof.
5. This Sixth Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Sixth Amendment on the
day of , 2016.
ATTEST:
By:
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its COUNTY MANAGER
By:
Brent McFall, County Manager
TOWN OF VAIL, STATE OF COLORADO
By its Town Manager
By:
Town Clerk
Stan Zemler, Town Manager