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Home My WebLink Aboutresolution.council.093-10 RESOLUTION # C D (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO AND PITKIN COUNTY SOLID WASTE CENTER, SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE USE OF THE ROTO -MIX WASTE PRO COMPOSTER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado and Pitkin County, a copy of which agreement is annexed hereto and made a part thereof. WHEREAS, the Aspen Environmental Health Department has received a grant from the Colorado Department of Health and the Environment to fund the full purchase price of the grinder, in order to operate a pilot food waste compost program, and WHEREAS this agreement will ensure a continued partnership and understanding between the two parties, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen, and Pitkin County regarding the use of the composter trailer unit, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said agreement on behalf of the City of Aspen. Dated: it ZQ# Z t / Q � C.Ireland a > or Y I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held November 222010. eaPier INTERGOVERNMENTAL AGREEMENT CITY OF ASPEN ENVIRONMENTAL HEALTH DEPARTMENT & PITKIN COUNTY SOLID WASTE. THIS INFER GOVERN NTAL AG EEMENT ( "Agreement "), is made and entered into this /r day of �l / i.e ,j,li u ✓ , 2010, by and between the City of Aspen Environmental Health Department ( "City ") and the Pitkin County Solid Waste Center ( "County "). WITNESSETH WHEREAS, the parties recognize the need for a food waste compost program in Pitkin County to prolong the life of the landfill and for the benefit of restaurants, businesses and citizens in both the County and City; and WHEREAS, the parties agree that a Roto -Mix Waste Pro Composter is necessary at the Solid Waste Center in order to compost food waste; and WHEREAS, the parties worked together in a joint effort to write a grant to the Colorado Department of Public Health and the Environment ( "CDPHE "); and WHEREAS, the grant was approved to be used towards the purchase of a Roto -Mix Waste Pro Composter that will be used to improve the County's existing compost program and to provide containers for participating businesses; and WHEREAS, the grinder equipment must be purchased by the City, under the regulations of the grant, and used by the County, in conjunction with existing compost operations; and WHEREAS, the parties to this Agreement have the authority pursuant to Article XIV, Section 10, of the Colorado Constitution and Section 29 -1 -201, et seq., of the Colorado Revised Statutes to enter into governmental agreements for the purpose of providing any service or performing any function which they can perform individually. 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: I. PURPOSE a. This Intergovernmental Agreement is designed and intended to: • Ensure a continued partnership between the City of Aspen Environmental Health Department and Pitkin County Resource Recovery; • Facilitate the purchase, use and maintenance of a new Roto -Mix Waste Pro Composter; • Facilitate the purchase, use and evaluation of containers for pilot food establishments; • Establish and clarify the duties and responsibilities of the separate City and County Departments as they endeavor to work cooperatively in serving their customers; and • Establish and clarify financial responsibilities of the separate City and County Departments in accordance with the terms and conditions set forth below. b. The purpose of this Intergovernmental Agreement is to define roles and responsibilities of both the City and County for the duration of a three year grant program. II. PURCHASE OF EQUIPMENT a. The City hereby agrees to purchase a Roto -Mix Waste Pro Composter ( "equipment ") in the year 2010 using money allocated to the City by the CDPHE grant committee. b. The aforementioned piece of equipment will be delivered directly to Pitkin County Resource Recovery. c. The City hereby agrees to work with pilot customers and waste hauler(s) to purchase and place containers to allow for food waste separation at participating businesses. III. MAINTENANCE AND USE OF EQUIPMENT a. The County agrees to operate the equipment pursuant with the guidelines of the CDPHE grant agreement for the duration of the grant. b. The County agrees to maintain the equipment to the standards recommended by the manufacturer. c. The City agrees to work with hauler(s) and businesses participants to ensure that containers are used properly and to help businesses track volumes of trash and food waste, as well as to work with haulers and participants to deal with any issues related to wildlife, odors, or easements. IV. OWNERSHIP OF EQUIPMENT a. The City will be the owner of the equipment for the duration of the grant cycle (three years), after which time the City will transfer ownership of the equipment to the County at no cost to the City or County. V. FINANCIAL CONSIDERATIONS • 2 a. As outlined in the original grant application, the City will use grant funding to purchase the grinder and to purchase necessary resources for composting restaurants, including bins. b. The City will also contribute an in -kind donation in the form of soliciting partners, working with hauler(s), locating . containers, restaurant trainings, signs and ongoing educational programs. c.. As stated in the original grant application, the County will contribute an in -kind donation in the form of costs associated with the operation and maintenance of the equipment and compost processing. d. The operational costs of the overall program, including the cost to operate equipment and individual costs to the City and County, will be evaluated yearly and discussed by City and County staff VI. Insurance a. The equipment will be covered and included on the City of Aspen's insurance policy with a deductible of $10,000. Should the equipment be damaged due to a negligent act(s), errors or omissions of a Pitkin County employee or contractor selected by Pitkin County, the County will be responsible for paying the deductible. 3 CITY OF ASPEN, COLORADO By: OP Iori /5.1 ATTEST: Approved as to Form: . ' City bra r BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF PITKIN By: .4 t to AT ST: / , 7 Approved as to Form: • v l Pitkin Co ty Solid Waste Manager EAA- 11/15/ 2010 -G: \contract \agr \IGA - environmental health dept.doc 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ASPEN CONCERNING THE USAGE OF THE ROTO -MIX WASTE PRO COMPOSTER RESOLUTION NO. /'0-2010 1. The Board of County Commissioners of Pitkin County under the authority granted pursuant to C.R.S. § 29 -1 -201 and Article XIV, Section 10 of the Colorado Constitution is hereby entering into an Intergovernmental Agreement with the City of Aspen. 2. Pitkin County and the the City of Aspen have been granted $94,000, by the State of Colorado, to start food waste composting. 3. Pitkin County wishes to protect the environment through the education of its community, diversion of recoverable materials, and proper waste management. 4. The citizens, businesses, and municipalities of Pitkin County find composting a beneficial use of recovered materials. 5. The purpose of the Intergovernmental Agreement is to set forth the respective responsibilities and obligations of the parties relating to the usage of the City of Aspen's Roto- Mix Waste Pro Composter. 6. The terms of the Intergovernmental Agreement are set forth, and the Chair (or Chair's designee) shall be authorized to execute an Intergovernmental Agreement in substantially the form approved by the County Attorney. 7. The Board of County Commissioners has determined that it is in the best interest of the citizens of Pitkin County to enter into this Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Pitkin County, Colorado approve the Intergovernmental Agreement between Pitkin County and the City of Aspen concerning the right to operate the Roto -Mix Waste Pro Composter and that the Chair is authorized and directed to execute the Intergovernmental Agreement in substantially the form approved by the County Attorney. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 1ST DAY OF DECEMBER 2010. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 28TH OF NOVEMBER 2010. PUBLIC HEARING AND SECOND READING ON THE 15TH DAY OF DECEMBER 2010. PUBLISH FTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE ° g o DAY O (j..etep4Ad r - 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO % . � i /� ' Jalv B. ,4 l tki/\ 1 Jea ette Jones George Newman, Chair Deuty Clerk & Recorder Date: /9- /5 676 APPROVED AS TO FORM: MANAGER APPROVAL: z&L John El 'o • • torney Phylis attice, Interm County Manager