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Home My WebLink Aboutresolution.council.017-91 ~ . . . RESOLUTION NO. 11- (Series of 1991) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A REGIONAL SOLID WASTE INTERGOVERNMENTAL AGREEMENT AMONG CITY AND COUNTY GOVERNMENTS OF THE ROARING FORK VALLEY WHEREAS, an Intergovernmental Agreement (IGA) has been created in order to facilitate cooperation among the governments of Eagle County, Garfield County, Pitkin County, Town of Basalt, Town of Carbondale, City of Aspen, City of Glenwood Springs, City of Rifle, Town of New Castle, Town of Parachute, Town of silt and the Town of Snowmass Village ("Governmental Entities"); and WHEREAS, the Governmental ~ntities wish to jointly participate in the efficient management of solid waste disposal within the geographical areas encompassed by their jurisdictional boundaries; and WHEREAS, the Governmental Entities jointly agree to provide financial support to implement the solid waste disposal management study; and WHEREAS, the Governmental Entities jointly agree to execute such additional Agreements and to perform such additional acts as may be necessary from time to time, to carry out the terms of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section One: Approval of Aqreement. That the Intergovernmental Agreement, attached hereto as Exhibi t "A" and incorporated herein by this reference, is hereby approved. . . . Section Two: Necessary and Proper. That the Mayor is hereby authorized and directed to execute the Intergovernmental Agreement on behalf of the City council and to take such actions as are necessary and proper to carry out the intent of the Agreement. Resolved and adopted this 22nd day of april, 1991, by the city Council for the City of Aspen, Colorado. CITY OF ASPEN ~~~A William L. Stirling 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 ~~ I'~ 1991. 4~ City Clerk . e . r ~ (+---- 5cr1PA-:," )JI~ INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT is entered into by the respective governmental entities as identified below pursuant to Part 2 of Article 1 of Title 29 of the Colorado Revised statutes (C.R. S. sections 29-1-201 n ~.), and it shall be liberally construed so as to promote and achieve the purposes as set forth therein. PARTIES The following governmental entities ("Parties") shall constitute the parties to this Intergovernmental Agreement: 1 2 3 4 5 6 7 8 9 10 11 12 County of Eagle, Colorado. County of Garfield, Colorado. County of pitkin, Colorado. City of Aspen, Colorado. city of Glenwood springs, Colorado. City of Rifle, Colorado. Town of Basalt, Colorado. Town of Snowmass Village, Colorado. Town of New Castle, Colorado. Town of Parachute, Colorado. Town of silt, Colorado. Town of Carbondale, Colorado PURPOSE The purpose and intent of this Intergovernmental Agreement is to permit and facilitate cooperation between the Parties in the execution and administration of a regional study for the efficient management of solid waste disposal within a geographi- cal area encompassed by the Parties' jurisdictional boundaries as more specifically described as follows: The entirety of Garfield County including those towns and municipalities that are s~gna- tories hereto to the extent their territory lies within Garfield County; the entirety of Pitkin County including those towns and municipalities that are signatories hereto to the extent their territory lies within Pitkin county; and Eagle County to the extent that its territory includes the Town of Basalt and that unincorporated area within the immediate vicinity of the Town of Basalt as more particularly defined by Eagle County. In further- ance of this purpose, the Parties jointly agree to provide financial support to implement the solid waste disposal manage- ment study in amounts as specified below and to execute such additional agreements and to perform such additional acts as may be necessary from time to time to carry out the terms of the Agreement. . . . TERM OF AGREEMENT The Parties agree that the term of this Agreement shall commence upon execution by all parties and shall terminate October 31, 1992. The term may be extended beyond eighteen (18) months upon the written consent of all of the Parties. WITHDRAWAL FROM AGREEMENT Any party hereto may withdraw from participation under this Agreement upon providing thirty (30) days written notice of its intent to do so to all other Parties. Any party withdrawing from this Agreement prior to termination shall not be entitled to any rebate or refund of any funds as previously contributed to the solid waste disposal management study pursuant to the terms of this Agreement. In addition, any such withdrawing party shall remain fully liable for financial and staff time commitment hereinafter set forth. REGIONAL SOLID WASTE DISPOSAL MANAGEMENT STUDY It is the Parties' intent and desire that a regional solid waste management study be undertaken through the employ-ment of competent experts experienced in solid waste management planning. Pursuant thereto, the Parties agree to contribute and pool funds and staff time to defray the cost of such study as follows: The following sets forth the dollar and staff contributions of each governmental entity that is a party to this agreement. 2 . Population Agreed Based To Agreed Government Population % of Dollar Dollar To Name Estimate Total Contribution contribution staff Hours ~cc======m~_____a~a_~m___________a__a___m____a_m_mm________EC=====~_Kaa Carbondale 3,115 6% $2,871 $3,000 30 Glenwood 6,311 12% 5,816 5,816 60 New Castle 612 1% 564 0 6 Rifle 4,952 9% 4,563 4,563 47 silt 1,174 2% 1,082 1,082 11 Garfield 10,657 20% 9,821 5,000 101 Parachute 931 2% 858 858 9 Aspen 10,440 19% 9,621 9,621 99 Basalt 1,258 2% 1,159 1,159 12 Snowrnass 4,962 9% 4,573 4,573 47 pitkin 7,845 14% 7,229 7,229 74 Eagle 2,000 4% 1,843 1,843 19 BFI 0 1,000 1,000 0 United Waste 0 250 250 0 R. stevenson 0 3,000 3,000 0 TOTALS: 54,257 100% $54,250 $48,994 514 e The Parties agree to provide their respective funding contributions in full no later than 30 days from the effective date of this Agreement. In the event that any funds contributed hereunder are not fully expended, such funds shall be rebated to the parties based on their pro-rata contributions after first deducting any SU!l\S necessary to reimburse the Town of Snowmass Village for SU!l\S expended for accounting fees and other costs directly related to this Agreement. . 3 . e . ADMINISTRATION OF FUNDS AND SOLID WASTE DISPOSAL MANAGEMENT STUDY In order to coordinate, implement and administer the solid waste disposal management study as called for under this Agree- ment, a steering committee shall be established comprised of representati ves who shall be selected by the respective Parties and who shall serve without pay. The steering committee will be known as the Roaring Fork Valley Solid Waste Study steering Committee ("steering COl1lIl\ittee") and shall be comprised as follows: No. of Representatives Counties of Eagle, Garfield and Pitkin 3 cities of Aspen and Glenwood Springs 1 City of Rifle and Town of Carbondale 1 Towns of Basalt, New Castle, Parachute, silt and Snowmass Village 1 One at-large representative selected by majority vote of all other representatives 1 Total representatives 7 steering Committee members shall serve at the pleasure of their respective government entities and may be removed with or without cause. All decisions of the Steering Committee shall be made by majority vote of all members and such decisions shall be binding on the Parties as regarding matters provided for in this Agreement. The Steering Committee shall have and exercise only such authority and shall perform only those tasks as provided for in this Agreement. Such tasks are specified as follows: 1. Engage the services of a qualified engineering undertake consulting engineering services related development of a regional solid waste disposal management the Parties. firm to plan to the for 2. Approve, administer and oversee the implementation of the professional services contract of an engineering firm who shall perform a solid waste disposal study. 4 . e . '" 3. Approve, administer and oversee the implementation of a contract with the state of Colorado on behalf of the Office of Energy Conservation or any other governmental grant contemplated by this Agreement. 4. Accept and disperse such funds as may be made available by the Parties, state or Federal government or any such source to assist in the funding of the solid waste disposal study or any other study. 5. Provide regular written reports, and not less than one report every six (6) months, to the Parties documenting progress in carrying forward the solid waste disposal study and specifying all expenditures of funds. 6. Make itself available to any of reasonable notice to appear and report before of the Party making such request. the Parties upon the governing body 7. Ensure accurate financial records of all funds received and expended pursuant to the implementation and execution of the solid waste disposal study. 8. Provide the Parties with a final written report at the conclusion of the solid waste disposal study detailing all findings and providing specific recommendations for a regional solid waste disposal plan. The Parties hereby agree and designate the Town of Snowmass Village to act as Treasurer to the steering Committee and it shall receive, manage and disburse all funds contributed by the Parties under the terms of the Agreement, as well as all funds received from any other source provided to fund the solid waste disposal study. Snowmass Village will not be obligated to receive, manage or disburse funds in any way inconsistent with terms of any government grants. Snowmass Village shall have the authority to sign contracts on behalf of the steering committee and to oversee the administration of any governmental grants. LIMITATION OF LIABILITY The Parties agree to hold each other harmless from any and all injuries, claims, or liabil~ties of any nature whatsoever that arise or may be caused as a result of the execution of the terms of this agreement, or that arise from the performance of the solid waste disposal study, and each party shall only be responsible and held accountable for such injuries or liabilities as caused or created by its own individual acts, errors or omissions. 5 ~~ ~- ...-,:,- -" . ADIll.TION.>.L :'INp.NCIA!.. CO!i'7RIllUTIONS In the evant that the financial contributions of ~~e respec~ive entities as set forth herein are not suffioient to cover all of the expenses contemplated by this Agreement, the parties hereby agree to ~af~e up such deficit in accordance with an app~oved a~end~ent to the ag=eement. ADOPTION Th61 partii:ls aqrQa and acknowledge that this Ino:ergovern:nen-::al Agreement must be individually ratified, adopted and execl.:ted by their respective governing bodies in accordance with each par-::ies' controlling leqislative or administrative procedures. The Agrestient eh~11 havo no force or binding effect until it ha~ b6l6ln ~o approv6ld and executed. pY::;ND~!nJTS This Agreement const:tutes the whole and co~plete agreement of the Parties and no amendments hereto sha~l be effective absent the writ~en consent of all Parties. - IN WITNESS WHEREOF, the Par~ieg have exec..lted this Agree:nen~ ":hrough their duly authorized representatives. 'tHE :SOARD OF COUNTY COHMISSIOHERS OF THE COl:WIY OF EAGLE I COL:JR;.=:O ATT:::ST: Ey:7~~4-;d~-" Chair~reon Clerk ":0 the Board . THE EOARJ OF COt1:;TY COXMISSIot,~S OF THE ?-?Y. O:lJ'..K.iJ~OI;.O~Do- By: _ -.- _..../ Cha~rperBon ATTEST: Clerk to the Board e 6 , ',' - . . DEe 04 '91 07:33 TOWN OF SNOWMRSS VILLAGE A~~ESTI Clark to the ~c~ra ATTEST: city Clark P,3/~ THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, COLORADO ~y: ~jYU( cnaifp~r;on THE CIA''i OF 10:.'": (J.,L.. Mayor r ASPEN'. COLORAOO <;, /3.Y" ~ ....It THE CI~F CiL:Elf\ol~ SPRINGS, By: ~cfl d" 4-:~ Mayo~ ~ 0""."c/ a~~ - - -c-tty Chrll': I, .. " I ' ',~ (. '1-; (1~".,~ c1~y ,,;~~k 'if' COI,.OF_~DO THE CITY ? RIFLE, COLORAOO 7 , 'f _. . . .DEe 04 '91 07: 34 TOWN OF SNOhMASS YILLAGE P,4/4 ATTEST: Town Cluk ATTEST: Town Clark AT'rEST: TOlo'n ClGlrk \\\ 1/,1'1' ~. I ( , , -,"~~'~ ',. l' '~.(.t?, AJ1'J"1 , '19Y~\,c,lefi ONDALE, COLORAJO OF ~ "E, CO)RRJ..DO . ~o?dh~ ?--1j1/~ -.' T!jJ TOWN 'OF PARACHUTE, 5'1:/ ~ Mayo~ - . ~ COLORADO e . - . THE ~O~~ OF S!LT, COLORADO By: ~layor ATTEST: Town Clerk ':HE TO"'~ .%W.ASS By: / 1Z~ Mayor AT:'EST: Town Clerk . 9 VIL~GE, CCLORA~O