11-01-2018 IGA LOT 5 Village (at Avon) Recycling CenterDocuSiqn Envelope ID: 4394A3EB-306D- yE63-8290-815CF9057F54 Agreement between Eagle County and Town of Avon for a recycling drop off site.
IL
EAGLE COUNTY
IL
FtGLE COUNTY
Agenda Item Details
Meeting Jan 01, 2020 - *****Signature Workflow*****
Category A. BoCC Signature
Subject Inter -Governmental Agreement between Eagle County and Town of Avon for a recycling drop
off site.
Access Public
Type Action (Consent)
Preferred Date Nov 06, 2018
Absolute Date Nov 20, 2018
Fiscal Impact Yes
Dollar Amount 15,000.00
Budgeted Yes
Budget Source Landfill Enterprise Fund 3600-807-8410.11
Recommended Action Approve the agreement.
Goals Goal 3. Eagle County Protects the Natural Environment
Public Content
Prepared By: Mandi Nolan
Department: Solid Waste & Recycling
Executive Summary: Eagle County and the Town of Avon would like to enter into an agreement to construct a recycle
drop site on Town of Avon property at 375 Yoder Avenue. This site was privatized in 2015 by Vail Honey Wagon, they
have since decided to no longer operate this site. The County and Town will share the cost of getting the site ready for
operation estimated around $30,000 total for the installation of fencing, security cameras, and grading as necessary. The
County will provide and maintain all the containers along with pay for the cost of hauling the containers.
Reviewing Attorney: Christina Hooper
• BoCC signature?: Yes Approved as DocuSigned by:
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DocuSign Envelope ID: 4394A3EB-306D-4E63-8290-815CF9057F54
INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY,
COLORADO AND TOWN OF AVON, COLORADO REGARDING THE
LOT 5, VILLAGE (AT AVON) RECYCLING CENTER
THIS INTERGOVERNMENTAL AGREEMENT, ("Agreement') is made on 11/13/2018
by and between EAGLE COUNTY, COLORADO, a body corporate and politic, by and through its
Board of County Commissioners ("County") and TOWN OF AVON, COLORADO, a body corporate
and politic, by and through its Town Council ("Town').
RECITALS
A. The parties are duly constituted governmental entities governed by boards elected by the qualified
electors of each, both of which are located in Colorado; and
B. The parties are each committed to implementing their respective Climate Action Plans, which
include in part the reduction of landfill waste streams through the utilization and promotion of
community recycling centers; and
C. A new recycling drop off site is planned to be opened in the fall of 2018 on a portion of property
owned by the Town, located at 375 Yoder Avenue, also known as Lot 5, Village (at Avon) Filing
1, Avon, Colorado ("Lot 5"); and
D. The parties desire to recognize their respective rights and responsibilities with respect to the new
recycling drop off site; and
E. The parties believe they can best manage the recycling site for the benefit of the public by working
together; and
F. This Agreement is entered into pursuant to inter alia, C.R.S. §29-1-201 et seq. and Article XIV,
Section 10 of the Colorado Constitution.
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. License. The Town hereby provides a license to Eagle County, subject to the terms of this
Agreement, to locate and operate containers for the collection and hauling of recyclable materials
on a portion of Lot 5 as described in Exhibit A: Site Diagram ("Site"). The use and drop-off of
appropriate recyclable materials at the Site shall be open to the general public and shall be
permitted at no charge, unless otherwise agreed in writing by the Parties.
2. Town Responsibilities. The Town shall be solely responsible for preparation of the Site (subject
to the cost sharing in paragraph 4 below) and future upkeep and maintenance of the Site. Upkeep
and maintenance shall include adequate lighting, snow removal, ground repair, Site signage (that
signage which is not fixed to recycling containers), fencing, adequate surface material (including
grading), landscaping, irrigation and security cameras for the Site. The Site will be open to the
Eagle County -Town of Avon IGA re: Lot 5 Recycle Center
Sept. 27, 2018
Page 1 of 5
DocuSign Envelope ID: 4394A3EB-306D-4E63-8290-815CF9057F54
public between the hours of 8:00 a.m. and 5:00 p.m., seven days a week, unless unacceptable
activities occur during the established hours of operation, in which case the Town, with notice to
the County, can adjust the hours of operation on a temporary or permanent basis.
3. County Responsibilities.
a. The County shall be solely responsible for providing a sufficient number of containers to the
Site. Initially this shall include four 30 -yard roll off containers. The containers shall be owned
and maintained by the County. Maintenance and up keep of the containers shall include
permanent signage and painting of the containers.
b. The County shall be responsible for the costs of hauling the containers, Site clean-up of waste
left around the containers on each week day (i.e. Monday through Friday), providing the plastic
bag trash bin, and provide such other containers for recycling as may be mutually approved by
the parties.
4. Site Preparation. The parties estimate that the total cost of preparing the Site will be $30,000 or
less. Site preparation will include installation of fencing, security cameras and grading as
necessary. The Town and County agree to each pay one half of the total cost to prepare the Site
provided that the Town's share and the County's share shall each not exceed $15,000.
5. Containers. The County may place such number of containers and size as containers as the
County deems appropriate for collection of recyclable materials so long as such containers fit
within the Site. In the event that additional improvements are desired on the Site in connection
with the operation of the recycling center (e.g. asphalt, drainage, landscaping or other structures or
containers for collection of recyclable materials), then the parties agree to work in good faith to
determine appropriate design, terms, and cost sharing of such additional improvements which shall
be documented in an amendment to this Agreement. The parties acknowledge that Town has
current and future municipal public works use needs for Lot 5 and that any expansion or
reconfiguration of the Site is subject to Town's approval in its sole discretion.
6. Term and Termination.
a. Term. This Agreement shall be for a one-year term commencing November 1, 2018 and shall
be automatically renewed for subsequent one-year terms.
b. Termination. This Agreement may be terminated by either party upon ten (10) months written
notice to the other.
7. Insurance; Indemnification.
a. The County and the Town shall respectively provide its own general liability and public
officials' errors and omissions insurance coverage for claims arising from this Agreement.
Further, the County and the Town, respectively as named insureds, shall include the other
respective party, its officers, employees, and agents, as additional insureds under the named
insured's insurance policies. The named insured's insurance shall be primary and non-
contributory as respects any covered claim against an additional insured arising out of this
Agreement. This provision shall survive expiration or termination of this Agreement.
Eagle County -Town of Avon ICA re: Lot 5 Recycle Center
Sept. 27, 2018
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DocuSign Envelope ID: 4394A3EB-306D-4E63-8290-815CF9057F54
b. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any
governmental immunity that may be available by law to either party, its officials, employees,
contractors' or agents, or any other person acting on behalf of either party and, in particular,
governmental immunity afforded or available pursuant to the Colorado Governmental
Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. This paragraph
shall survive termination of this Agreement.
8. Amendment. This Agreement may only be changed or modified by a written amendment, signed
by each party.
9. Independent Parties. Nothing in this Agreement shall be deemed to make employees of either
County or Town an agent, employee, partner or representative of the other party.
10. No Third -Party Beneficiaries. Nothing contained in this Agreement is intended to or shall create
a contractual relationship with, cause of action in favor of, or claim for relief for any third party.
Absolutely no third -party beneficiaries are intended by this Agreement. Any third -party receiving
a benefit from this Agreement is an incidental and unintended beneficiary only.
11. No Assignment. This Agreement shall be binding upon the parties hereto, their successors or
assigns and may not be assigned by anyone without the prior written consent of the other respective
party hereto. Any attempt to assign this Agreement without the consent of the other party shall be
null and void.
12. Severability. Should one or more sections of this 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.
13. No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive,
limit, or otherwise modify any governmental immunity that may be available by law to the Town
and/or County, its officials, employees, contractors, or agents, or any other person acting on behalf
of the Avon and, in particular, governmental immunity afforded or available pursuant to the
Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised
Statutes.
14. Annual Appropriation. Notwithstanding anything to the contrary contained in this Agreement,
neither the County nor the Town shall have any obligations under this Agreement, after December
31 of any year without an appropriation therefore by the County in accordance with a budget
adopted by the Board of County Commissioners or by the Town Council of the Town of Avon, in
their sole discretions, 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.), the TABOR Amendment (Colorado
Constitution, Article X, Sec. 20), and with respect to the Town, the Town of Avon Home Rule
Charter.
15. Notice. Any notice required under this Agreement shall be personally delivered, mailed in the
United States mail, first class postage prepaid, or sent via facsimile provided an original is also
promptly delivered to the appropriate party, or e-mailed provided the recipient acknowledges
receipt of the e-mail, all at the following addresses:
Eagle County -Town of Avon IGA re: Lot 5 Recycle Center
Sept. 27, 2018
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DocuSign Envelope ID: 4394A3EB-306D-4E63-8290-815CF9057F54
Town of Avon
c/o Town Manager
Scott Wright
1 Lake Street
P.O. Box 975
Avon, Colorado 81620
swright@avon.org
970-748-4055
County of Eagle
c/o Solid Waste and Recycling Manager
Jesse Masten
815 Ute Creek Road
P.O. Box 473
Wolcott, Colorado 81655
jesse.masten@eaglecounty.us
970-328-3472
[SIGNATURE PAGE FOLLOWS]
Eagle County -Town of Avon IGA re: Lot 5 Recycle Center
Sept. 27, 2018
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DocuSign Envelope ID: 4394A3EB-306D-4E63-8290-815CF9057F54
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first set forth
above.
ATTEST:
DocuSigned by:
By,
reegfM1'13rien, Clerk of the Board
ATTEST:
By:5DocuSigned by:
tbbit, hrri,
�9bWOH43ppe, Town Clerk
Eagle County -Town of Avon 1GA re: Lot 5 Recycle Center
Sept. 27, 2018
Page 5 of 5
COUNTY OF EAGLE, STATE OF
COLORADO by and through its
BOARD OF COUNTY COMMISSIONERS
By: �j DoCul Signed by:
�`"'`" 1 UtAt&AV'R"
My`i9l idler -Henry, Chair
TOWN OF AVON, STATE OF COLORADO by and
through its Town Council
By: [DocuSigned by: W' kr
�M)AA t'
fi1'i1&'Rftiter, Mayor