HomeMy WebLinkAbout2019-047-04/16/2019-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR SOLID WASTE PROGRAMMING AND INFRASTR RESOLUTION 2019-047
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
FOR SOLID WASTE PROGRAMMING AND INFRASTRUCTURE IMPROVEMENTS
WHEREAS, pursuant to Resolution 2013-011, the City Council established a waste
diversion policy with the ultimate goal of achieving zero waste for the City ("Zero Waste Goal");
and
WHEREAS,pursuant to Resolution 2014-098,the City Council established priority actions
to further its Zero Waste Goal, including fostering regional discussions,partnerships, and systems
to manage regional waste streams and facilities; and
WHEREAS; the Latimer County Solid Waste Facility located at 5887 South Taft Hill Road
serves as a regional solid waste processing and disposal site for residents of Latimer County
located in municipalities and unincorporated areas, receiving approximately one million cubic
yards of material per year, is forecasted to consume the available permitted capacity by the fourth
quarter of the year 2024; and
WHEREAS, the Latimer County Board of County Commissioners convened in early 2016
the North Front Range Wasteshed Policy Group, now referred to as the North Front Range
Regional Wasteshed Coalition (the "Coalition") (including a Technical Advisory Committee of
staff members and a Policy Advisory Committee of elected officials and a stakeholder advisory
group with more than sixty members) to identify, analyze, and prioritize solid waste infrastructure
and implementation options, resulting in the development of a Solid Waste Infrastructure Master
Plan for adoption by Latimer County; and
WHEREAS, on December 19, 2018, the Latimer County Planning Commission adopted the
2018 Solid Waste Infrastructure Master Plan (the "County Master Plan"), which includes various
recommendations for infrastructure and facility improvements, education, licensing and other
program elements to provide solid waste services within Latimer County and increase material
diversion from landfill disposal; and
WHEREAS,on January 15,2019,the City Council adopted Resolution 2019-010 supporting
the Master Plan; and
WHEREAS,the parties desire to work cooperatively to implement the Master Plan,continue
to develop joint programs for consistent public education, evaluate future technologies associated
with solid waste management, and establish the respective responsibilities of the parties by
entering into the Intergovernmental Agreement for Solid Waste Programming and Infrastructure
Improvements attached hereto as Exhibit ``A" (the "IGA") and
WHEREAS, cooperation under the IGA will provide significant opportunities, through the
collective efforts and market strength of the parties, for the parties to:
I
• Develop a comprehensive systems-based approach to waste management in the North
Front Range;
• Invest in new technology for waste diversion as innovations emerge;
• Engage residents and the commercial sector to optimize the value of recyclable materials
collected in the region; and
• Create economic benefits as a result of job creation, local business development and
partnership with private waste haulers and operators of new facilities;
to protect the environment, the economy and the health, safety, and welfare of the residents of the
region; and
WHEREAS, pursuant to Section 10.5 of the IGA, additional governmental entities may be
added with the consent of all Parties; the Town of Wellington has indicated a desire to join as a
party to the IGA and the City consents to Wellington's addition to the IGA if it chooses to do so;
and
WHEREAS,the Colorado legislature has expressly endorsed "local efforts...focused toward
the reduction of the volume and toxicity of the waste stream.._through source reduction,recycling,
composting, and similar waste management strategies'',(S.ection 30-20-100.5, Colorado Revised
Statutes ["C.R.S."])and authorized designation of exclusive sites and facilities for disposal of solid
waste (Section 30-20-107,C.R.S.); and
WHEREAS, cooperation pursuant to the IGA will allow for implementation of an integrated
package of waste disposal services designed to increase diversion and confer significant health and
environmental benefits upon the residents of the City and Larimer County by enhancing recycling
incentives and opportunities, obtaining information for the tracking and planning of waste
diversion,and increasing the ability to monitor and enforce recycling and other waste management
laws; and
WHEREAS, the City's Natural Resources and Air Quality Advisory Board expressed
support for a regional intergovernmental agreement for solid waste in letters to the Mayor and City
Council Members dated November 28 and December 28, 2018; and
WHEREAS,Article II,, Section 16 of the Charter of the City of Fort Collins empowers the
City Council, by ordinance and resolution, to enter into contracts with governmental bodies to
furnish governmental services and make charges for such services, or enter into cooperative or
joint activities with other governmental bodies; and
WHEREAS, Section 29-1-203 of the Colorado Revised Statutes and Article XIV, Section
18 of the Colorado Constitution provides that governments may cooperate or contract with one
another to provide certain services or facilities when such cooperation or contracts are authorized
by each party thereto with the approval of its legislative body or other authority having the power
to so approve; and
WHEREAS,under Section 1-22 of the Code of the City of Fort Collins, intergovernmental
agreements and other cooperative arrangements between the City and other governmental entities
-2-
are to be submitted to the City Council for review, unless they fit within one of the exceptions that
permit execution by the City Manager; and
WHEREAS, in light of the benefits to the City and its residents, the City of Fort Collins
wishes to enter into the IGA to promote significant environmental benefits and to protect the
health, safety and welfare of its residents; and
WHEREAS, the City Council has determined that the IGA is in the best interests of the
City.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That the City Council hereby makes any and all determinations and findings
contained in the recitals set forth above.
Section 2. That the Mayor is hereby authorized to execute the IGA substantially in the
form attached hereto as Exhibit "A," with such modifications and additions as the City Manager,
in consultation with the City Attorney, determines to be necessary and appropriate to protect the
interests of the City or effectuate the purposes set forth herein and not otherwise inconsistent with
this.Resolution.
Section 3. That pursuant to Section 10.5 of the IGA, the City of Fort Collins consents
to the addition of the Town of Wellington as a party to the IGA if Wellington chooses to
join. Further, the authority to consent of the City to additional governmental entities as parties to
the IGA is hereby delegated to the City Manager, who may consent to such joinder on behalf of
the City, in his discretion, if he finds that the addition of the proposed party would not have a
substantial adverse impact on the City or its interests.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th
day of April, A.D. 2019.
ayoc
ATTEST:
OF FORT..
city CI
" SEAL "
96LORA00
-3-
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT FOR SOLID WASTE PROGRAMMING
AND INFRASTRUCTURE IMPROVEMENTS
This Intergovernmental Agreement for Solid Waste Programming and Infrastructure
Improvements ("Agreement") is made and effective on , 2019 (Effective Date), by and
among the Board of County Commissioners of Larimer County, Colorado (referred to as
"County") , and the City of Fort Collins, Colorado, the City of Loveland, Colorado, and the Town
of Estes Park, Colorado (individually referred to as "Municipality" or collectively as
"Municipalities") . The County and Municipalities shall jointly be referred to as the "Parties" .
I. RECITALS
WHEREAS, the appropriate management of solid waste materials is critical to human health
and safety, the environmental and the economic wellbeing of the region; and
WHEREAS , the Larimer County Solid Waste Facility located at 5887 S . Taft Hill Road
serves as a regional solid waste processing and disposal site for residents of Larimer County
located in municipalities and unincorporated areas ; and
WHEREAS, The Larimer County Solid Waste Facility includes a regional sanitary landfill
that receives approximately one million cubic yards of material per year and is forecasted to
consume the available permitted air space capacity by the fourth quarter of the year 2024; and
WHEREAS , the Parties formed the North Front Range Regional Wasteshed Coalition
(including a Technical Advisory Committee of staff members and a Policy Advisory Committee
of elected officials and a 60+ member stakeholder advisory group) to identify, analyze, and
prioritize solid waste infrastructure and implementation options. This work resulted in the
development of a Solid Waste Infrastructure Master Plan for adoption by Larimer County; and
WHEREAS, on December 19, 2018, the Larimer County Planning Commission adopted the
2018 Solid Waste Infrastructure Master Plan, which includes various recommendations for
infrastructure and facility improvements, education, licensing and other program elements to
provide solid waste services within Larimer County and increase material diversion from landfill
disposal; and
WHEREAS, the Parties desire to work cooperatively to implement the 2018 Solid Waste
Infrastructure Master Plan, continue to develop joint programs for consistent public education,
evaluate future technologies associated with solid waste management, and establish the respective
responsibilities of the Parties ; and
WHEREAS , the Colorado legislature has expressly endorsed "local efforts . . . focused toward
the reduction of the volume and toxicity of the waste stream . . . through source reduction, recycling,
composting, and similar waste management strategies" (Section 30-20- 100 . 5 , C .R. S .) and
Page 1 of 20
authorized designation of exclusive sites and facilities for disposal of solid waste (Section 30 -20-
1075 C .R. S . ) ; and
WHEREAS , cooperation of the Parties pursuant to this Agreement will allow for
implementation of an integrated package of waste disposal services designed to increase recycling
and confer significant health and environmental benefits upon the citizens of Larimer County by
enhancing recycling incentives and opportunities, obtaining information for the tracking and
planning of waste diversion, and increasing the ability of the Parties to monitor and enforce
recycling and other waste management laws; and
WHEREAS , County and Municipalities are authorized pursuant to Article XIV, Section 18
of the Colorado Constitution and Section 29- 1 -201 , et seq. , Colorado Revised Statutes, to enter
into intergovernmental agreements for the purpose of providing any service or performing any
function which they can perform individually; and
WHEREAS , in addition to the existing infrastructure and infrastructure to be constructed by
Larimer County, the Municipalities have developed and continue to operate the following solid
waste infrastructure : the Estes Park Transfer Station owned by the Town of Estes Park and
operated by Larimer County, the Timberline Recycling Center and the Crushing Operations Site
which are owned by the City of Fort Collins, and the Loveland Recycling Center and collection
vehicles which are owned by the City of Loveland.
NOW THEREFORE, the Parties agree as follows :
II. DEFINITIONS
For the purposes of this Agreement, the following definitions shall apply:
Clean Material Recovery Facility. A facility consisting of structures, machinery, devices, or
persons to sort, bale, or otherwise manage or process recyclable materials prior to conveyance to
end markets .
Construction and Demolition Waste. Waste that is generated from construction, remodeling,
repairs, or demolition of buildings, and other structures which includes but is not limited to,
lumber, bricks, carpets, ceramics, sheetrock, porcelain, metals, drywall, window glass, metal and
plastic piping, paint and any other non-hazardous materials resulting from construction and
demolition activities .
Disposal . The final treatment, deposition, or incineration of Solid Waste but shall not include
Waste Prevention or Recycling as defined herein.
Flow Control. Provision that allows local governments to designate the places where materials
generated within their jurisdiction are taken for processing disposal. For the purposes of this
Agreement, flow control explicitly excludes municipal solid waste, yard waste, food waste and
hazardous waste .
Page 2 of 20
Food Waste. Materials that include animal/fruit/vegetable based staple scraps, old
fruit/vegetables, egg shells, coffee grounds, tea bags, food-soiled paper, old bread, food scraps,
and expired de-packaged foods . Additionally, it may include plant wastes from the food
processing industry and pre-consumer vegetative food waste .
Hauler. Any person or company that collects, transports and/or disposes of discarded materials
and waste (e. g. solid waste, recyclables, food waste, yard trimmings) as their primary business and
delivers waste into facilities for disposal or recycling.
Hauler Licensing. A coordinated licensing approach for data tracking, public outreach and
curbside collection requirements for implementation to licensed haulers (Appendix C) .
Hazardous Waste . Hazardous substances as defined in 25 - 15 - 101 (6), as amended, and any other
substances or materials defined or classified as such by the Hazardous Waste Commission pursuant
to 25 - 15 -302, C .R. S . , as amended.
Integrated Solid Waste Management System . The system of facilities for the collection,
processing, and disposal of solid waste currently owned/operated by the Parties, which includes
the Estes Park Transfer Station owned by the Town of Estes Park and operated by Larimer County,
the Timberline Recycling Center and the Crushing Operations Site owned by the City of Fort
Collins, the Loveland Recycling Center and collection vehicles owned by the City of Loveland,
and the Larimer County Solid Waste Infrastructure System,
Landfill. A discrete area of land or an excavation where solid wastes are placed for final disposal,
which is not a land application unit, waste impoundment, or waste pile . Landfills include, but are
not limited to, ash monofills, construction and demolition landfills, sanitary landfills, tire monofills
and similar facilities where final disposal occurs.
Larimer County Solid Waste Infrastructure System . Includes Larimer County' s Solid Waste
facilities used to manage Solid Waste which includes but is not limited to household hazardous
waste, landfill, recycling facility, and Tier 1 processing and disposal facilities as established
pursuant to the approved Solid Waste Infrastructure Master Plan,
Municipal Solid Waste. Solid waste from household, community, commercial and industrial
sources that does not contain hazardous wastes as defined in Section 25 - 15 - 101 (9) of the Colorado
Hazardous Waste Act unless otherwise regulated by the Colorado Department of Public Health
and Environment.
Processing. Sorting and converting solid waste, by manual or mechanical means, into raw material
for new use. Includes Recycling and Composting.
Recyclable Material. Any type of discarded or waste material that is not regulated under Section
25 -8-205 ( 1 ) (e), C .R. S . , and can be reused, remanufactured, reclaimed, or recycled.
Solid Waste. Any garbage, refuse, sludge from a waste treatment plant, water supply treatment
plant, air pollution control facility, or other discarded material; including solid, liquid, semisolid,
Page 3 of 20
or contained gaseous material resulting from industrial operations, commercial operations or
community activities . Solid Waste does not include any solid or dissolved materials in irrigation
return flows, or industrial discharges which are point sources subject to permits under the
provisions of the "Colorado Water Quality Control Act", Title 25 , Article 8 , CRS or materials
handled at facilities licensed pursuant to the provisions on "Radiation Control Act" in Title 25 ,
Article I I , CRS . Solid Waste does not include : (a) materials handled at facilities licensed pursuant
to the provisions on radiation control in Article 11 of Title 25 , C .R. S . ; or (b) excluded scrap metal
that is being recycled; or (c) shredded circuit boards that are being recycled .
Solid Waste Policy Council or Policy Council. The Policy Council created to advise the Parties
on solid waste matters regarding infrastructure, programs, education and master plan updates .
Solid Waste Infrastructure Master Plan . The Larimer County 2018 Solid Waste Infrastructure
Master Plan as approved and amended from time to time by the Larimer County Planning
Commission.
Technical Staff. A group of technical staff provided by each Party pursuant to Section 6 . 1 .2 to
support the Policy Council.
Tier 1 Infrastructure Facilities . Tier 1 Infrastructure facilities are outlined in the approved Solid
Waste Infrastructure Master Plan to be developed in supporting the solid waste infrastructure
system and include : Central Transfer Station, New County Landfill, Construction and Demolition
Waste Processing Facility, Yard Waste Windrow Composting Facility and Food Waste
Composting Facility (Appendix A) .
Tier 2 Infrastructure Facilities . Tier 2 Infrastructure facilities are outlined in the approved Solid
Waste Infrastructure Master Plan to be reviewed on an annual basis for possible implementation
at a later date and include : Clean Material Recovery Facility/Upgrade, Anaerobic Digestion/Pre -
Processing (Appendix A) .
Tier 3 Infrastructure Facilities . Tier 3 Infrastructure facilities are outlined in the approved Solid
Waste Infrastructure Master Plan and will be further reviewed on an annual basis as industry
changes occur and include : Waste to Energy and Refuse Derived Fuel Processing (Appendix A) .
Transfer Station . A facility at which Solid Waste, awaiting transportation to a processing or
disposal site, is transferred from one type of containerized collection receptacle and placed into
another and/or is processed for compaction.
Waste Prevention . Methods utilized to create less waste prior to recycling, composting or
disposal.
Yard Waste. Waste generated from yard maintenance, including garden waste, fruit fall, grass
clippings , wood, twigs, leaves and branches .
Page 4 of 20
III. PURPOSE
The purpose of this Agreement is to foster coordination and cooperation between the
Parties and to establish the respective responsibilities of the Parties in an Integrated Solid Waste
Management System including, but not limited to, planning, education, waste prevention,
recycling, collection, composting, transportation and disposal.
IV. TERM
4. 1 Initial Term. This Agreement shall become effective on the Effective Date and shall
remain in effect through December 31 , 2050 (Initial Term) .
4.2 Extension Term. Unless earlier terminated as provided herein, the Agreement will
automatically renew for an additional term of ten years (Extension Term) .
4.3 Termination. Any Party shall have the right to terminate their continued participation in
this Agreement during the Initial Term or any Extension Term as follows :
4.3. 1 In the event of non-appropriation by their elected bodies .
4.3.2 By written notice given to all other Parties 18 months prior to the date on which the
Party elects to terminate their continued participation.
4.3.3 By mutual agreement by all parties .
V. GENERAL OBLIGATIONS OF THE PARTIES
5. 1 LARIMER COUNTY
5. 1 . 1 Land for Facility Improvements . The County agrees to provide land for
construction of Tier 1 Infrastructure Facilities which includes the County-owned
land adjacent to the existing Larimer County Landfill located at 5887 S . Taft Hill
Road and the 626 acres of County owned property located at the intersection of
County Road 76 East and County Road 11 North. An alternate site for Tier I
composting facilities is indicated on the map in appendix D, which is on jointly
owned property by the County, City of Fort Collins, and City of Loveland.
Construction of any new Tier 1 Infrastructure on land jointly-owned by Larimer
County, Loveland and Fort Collins will require consent from the Cities of Fort
Collins and Loveland as landowners and pursuant to the 1974 Operating
Agreement. If consent is not given by Fort Collins or Loveland, Larimer County
shall not be required to provide the yard waste and food waste facilities described
in Sections 5 . 1 . 7 and 5 . 1 . 8 below; however, the Parties agree to negotiate in an
effort to find an alternative location for such facilities.
5. 1 .2 Facility Design and Construction . The County shall be responsible for all Tier I
Infrastructure Facility Design and Construction activities . In addition to the
development of the Tier 1 Infrastructure Facilities, the County will annually
evaluate, in close coordination with the Solid Waste Policy Council described in
Section VI, the applicability/feasibility of developing the Tier 2 and Tier 3
Infrastructure Facilities based on current waste management practices, the waste
market within the region, and quantity and quality of waste materials managed
within the Tier 1 Infrastructure Facilities. The County reserves the right to design
Page 5 of 20
and construct any Tier 1 Infrastructure Facilities prior to the dates and/or volumes
set forth in this Agreement.
5. 1 .3 Project Funding and Financing. The County shall be responsible for all funding
and financing of Tier 1 Infrastructure Facilities, and retain all corresponding
revenue, within the County' s Solid Waste Enterprise . Funding and financing of
Tier 2 and Tier 3 Infrastructure Facilities will be determined at the time of facility
planning and development.
5. 1 .4 Facility Operations and Maintenance . The County shall own and operate all Tier
1 Infrastructure Facilities and shall be responsible for operations and maintenance
of the facilities. The County may hire private service providers to operate Tier 1
facilities at its discretion, however, County shall at all times retain ownership and
any contracted service provider shall only serve as a vendor for operational
purposes . In no event shall County delegate discretionary rate-setting authority and
no private vendor will have authority or influence over the integrated waste
management systems implemented by this Agreement. The County shall receive
all income from the operation of Tier 1 Infrastructure Facilities. In the event there
are any operating losses in connection with the Tier 1 Infrastructure Facilities , the
County shall bear the same without contribution from the Parties. Operations and
maintenance of Tier 2 and Tier 3 Infrastructure Facilities will be determined at the
time of facility planning and development. The County shall continue to operate
and maintain the Larimer County Solid Waste Infrastructure System for the term of
this Agreement.
5. 1 .5 Hauler Licensing . The County shall support and participate with the Parties in a
coordinated approach to data tracking. The County hauler licensing program will
be developed and implemented no later than January 1 , 2020. Appendices B and
C attached hereto provide proposed minimum hauler licensing requirements and
maps, which will be applied in the County' s hauler licensing program.
5. 1 .6 Solid Waste Management. The County agrees to develop and construct the Tier
1 Infrastructure Facilities to manage solid waste that include a Central Transfer
Station and New County Landfill, that will be operational prior to the closure of the
current Larimer County Landfill . The County will design and construct the Tier 1
Central Transfer Station and the New County Landfill beginning in 2019 to accept
solid waste on October 1 , 2023 ,
5. 1 .7 Yard Waste Material Management. The County agrees to develop and construct
the Tier 1 Yard Waste Windrow Compost Facility and to establish fees that promote
segregation of yard waste from disposal and encourage composting. The County
will continue to operate the current green waste landfill segregation program at the
Larimer County Landfill through calendar year 2021 . The County will design and
construct the Tier 1 Yard Waste Windrow Compost Facility beginning in 2019 to
accept yard waste on June 1 , 2021 .
5. 1 . 8 Food Waste Material Management. The County agrees to develop and construct
the Tier 1 Food Waste Compost Facility to recycle and compost segregated food
waste upon adoption of policies or programs pursuant to section 5 .2 .4 of this
agreement. The Parties shall coordinate through the Solid Waste Policy Council
the development and timing of food waste collection programs that meet the
Page 6 of 20
required quantities to properly schedule the planning, design, and construction of a
food waste compost facility, and establish policies to encourage composting.
5. 1 .9 Construction and Demolition Waste Management. The County agrees to
develop, construct and operate the Tier 1 Construction and Demolition Waste
Processing Facility to recycle mixed construction and demolition waste and to
establish policies to encourage recycling of mixed construction and demolition
waste. The County will design and construct the Tier 1 Construction and
Demolition Waste Processing Facility pursuant to section 5 .2 . 5 of this agreement
within not more than four years of policy adoption.
5. 1 . 10 Single Stream Recycling Material Management . The County shall continue to
own and operate a Single Stream Recycling Materials Management Facility. The
County agrees to issue a request for letters of interest from private companies to
expand or replace the existing Recycling Facility for conversion to a full-service
Clean Material Recovery Facility to serve as a regional single stream recycling
center for northern Colorado and potentially other areas upon adopting flow control
for single stream recyclables pursuant to section 5 .2 . 6 .
5. 1 . 11 Public Education Programs . The County shall work cooperatively with the
Municipalities to coordinate public education and outreach to provide information
and educational materials that shall engage and educate the community on topics
including waste disposal, recycling, waste prevention, reuse, and materials
handling methods . The Solid Waste Policy Council shall coordinate overall
educational efforts associated with solid waste programs and the best practices for
proper waste management. The Solid Waste Policy Council will coordinate a
toolkit for use within Parties ' education programs to facilitate a consistent look,
feel and message across all of Larimer County. This toolkit may be customized by
the Parties without interfering with the consistent messaging. The Solid Waste
Policy Council will also initiate the formation and regular meetings of an Education
subcommittee comprised of representatives from each Party and appropriate key
stakeholders that will meet at least once per year.
5. 1 . 12 Solid Waste Planning. The County shall serve as the coordinating body with
responsibility for completing and updating the Solid Waste Infrastructure Master
Plan through participation of the Solid Waste Policy Council .
5.2 PARTIES
5.2. 1 Solid Waste Management. The Parties shall continue to operate and maintain
their respective Integrated Solid Waste Management System facilities for the term
of this Agreement, provided that the parties may independently relocate, replace,
and/or modify their respective facilities in a manner not detrimental to the overall
operation of the Integrated Solid Waste Management System,
5.2.2 Hauler Licensing. The Parties shall participate in a coordinated approach to data
tracking. Curbside collection requirements will be implemented through the
Parties ' hauler licensing programs, which will be developed and implemented in
accordance with Appendices B and C no later than January 1 , 2020 . The Parties
agree to manage and enforce Hauler Licensing requirements with reasonable
diligence within their respective jurisdictions .
Page 7 of 20
5.2.3 Yard Waste Management. The Parties agree to develop and implement local
programs to encourage segregation of yard waste from landfill disposal within the
designated yard waste collection service area as outlined in Appendix B . The
Municipalities agree to waive any claim to a share of revenues from the existing
Larimer County Landfill property for composting operations , should the County
construct the Tier 1 yard waste composting facility on "Alternative Compost Area"
as illustrated in Appendix D . The City of Loveland agrees to direct all yard waste
material received the by the Loveland solid waste program to the Larimer County
yard waste facility commencing on June 1 , 2021 or sooner if mutually agreed by
City of Loveland and County.
5.2.4 Food Waste Management. The Parties may implement policies and procedures to
segregate food waste from landfill disposal at their individual discretion. The
Parties shall work cooperatively to plan and implement segregated food waste
programs, to allow County adequate time to construct a food waste processing
facility as described in Section 5 . 1 . 8 . The Parties must demonstrate to the County
that one or more of them have adopted policies or programs reasonably anticipated
to generate in the aggregate, a minimum of 6,000 tons per year of food waste and a
minimum of 30,000 tons per year of yard waste for delivery to the facility prior to
implementation of the Tier 1 facility construction. The Parties agree to conduct
ongoing education to reduce contamination in food waste collection programs .
5.2.5 Construction and Demolition Waste Management. To support waste diversion,
the Parties may direct mixed construction and demolition waste to the County Tier
I Construction and Demolition Waste Processing Facility. One or more of the
Parties must adopt policies or programs reasonably anticipated to generate in the
aggregate, a minimum of 60,000 tons per year of mixed construction and
demolition waste for delivery to the facility prior to implementation of the Tier 1
facility construction. The Parties may adopt control measures as deemed
appropriate through the following:
5.2.5. 1 Flow control by one or more local Municipalities of mixed construction and
demolition waste reasonably anticipated to generate the minimum volume
set forth in this section 5 .2 . 5 ;
5.2.5.2 Pricing differentials/incentives; and/or
5.2.5.3 Mandates as developed by the State of Colorado .
5.2.6 Single Stream Recycling Material Management. To support waste diversion
Parties may direct single stream recyclables to the County owned Larimer County
Recycling Center at 5887 S . Taft Hill Road or the County developed full service
Clean Material Recovery Facility. One or more of the Parties, with or without
participation by others, must adopt policies or programs reasonably anticipated to
generate, in the aggregate, a minimum of 55 ,000 tons per year of single stream
recyclables materials for delivery to the facility prior to the County soliciting letters
of interest for a Clean Material Recovery Facility.
5.2.7 Public Education Programs . Parties shall work cooperatively to coordinate
public education and outreach to provide information and educational materials that
shall engage and educate the community on topics including waste disposal,
recycling, waste prevention, reuse, and materials handling methods . In addition,
each Party will use the jointly-created education and public outreach toolkit within
Page 8 of 20
the Parties ' educational programs to facilitate a consistent look, feel and message
across all of Larimer County. The toolkit may be customized by the Parties without
interfering with the consistent messaging.
VI. SOLID WASTE POLICY COUNCIL
6. 1 There is hereby created an advisory council comprised of representatives from the Parties
which shall be known as the Solid Waste Policy Council ("Council") . The charge of the
Council is to serve in an advisory capacity to the Larimer County Board of Commissioners
on solid waste matters . In addition, the Council shall also be available to the other Parties
to discuss solid waste management and planning matters .
6. 1 . 1 Membership. The membership of the Council shall consist of eight (8) members
as follows : one ( 1 ) elected official appointee and one ( 1 ) appointee from each of
the signatories to this Intergovernmental Agreement. In the event other
jurisdictions join as parties to this Agreement pursuant to Section 10 . 5 below,
membership of the Council shall be expanded to include one ( 1 ) elected official
appointee and one ( 1 ) appointee from such jurisdiction. Members shall be
appointed within 90 days of the Effective Date of this Intergovernmental
Agreement. Each member of the Council shall serve a term of three (3 ) years,
except the first appointees shall serve staggered terms to avoid all membership
terms ending during the same year. Each member shall be limited to two terms,
with the exception of elected official appointees who may serve for the duration of
their term as an elected official . Regular terms shall begin December 1 and end
November 30 of the expiring term year. Members of the Council shall serve at the
pleasure of their appointing bodies and shall receive no compensation from the
County.
6. 1 .2 Organization. The Council shall elect a chair and vice-chair and shall adopt
bylaws to guide its deliberations . Each Party shall provide one or more technical
staff to serve in an advisory and staff-support role to the Council (collectively the
"Technical Staff') .
6. 1 .3 Council Responsibilities. The Council shall :
6. 1 .3 . 1 Serve as an ongoing forum to advise and assist the Larimer County Board
of Commissioners, providing it with technical and non-technical advice on
solid waste matters . The Council is not authorized to make decisions or
speak for the Larimer County Board of Commissioners or any other Party.
6. 1 .3 .2 Meet with and provide direction to the Technical Staff. The Technical Staff
shall be available to provide research/technical and programmatic guidance
to the Council on matters including but not limited to infrastructure,
programs, education and master plan updates . Employees of the Parties
have already been collaborating in this capacity, and the intent of the Parties
is for such efforts to continue and for each Party to make one or more of its
employees available to serve as the Technical Staff.
6. 1 .3 .3 Provide comments to the Parties on all policy aspects of Solid Waste
management and planning;
Page 9 of 20
6. 1 .3 .4 Participate in the development of future recommendations for the Solid
Waste Infrastructure Management Plan (SWIMP) and other plans
governing the future of the Integrated Solid Waste Management System,
and facilitate a review and approval of revisions/updates to the existing
SWIMP by each jurisdiction;
6. 1 .3 .5 Assist in the development of proposed revisions to this Intergovernmental
Agreement between Larimer County and municipalities regarding waste
management;
6. 1 .3 .6 Review and comment on disposal rate proposals and County financial
policies ;
6. 1 .3.7 Review and comment on status reports generated by the Technical Staff
and/or Parties ;
6. 1 .3.8 Promote consistent information exchange and interaction between waste
generators, haulers, recyclers, and the Parties with respect to the Integrated
Solid Waste Management System.
6. 1 .4 County Responsibilities. The County shall assume the following responsibilities
with respect to the Council :
6. 1 .4. 1 The County shall provide staff support to Council;
6. 1 .4.2 In consultation with the chair of the Council, the County shall notify
Municipalities and their designated representatives and alternates of
meeting times, locations and meeting agendas. Notification by electronic
mail or regular mail shall meet the requirements of this Subsection;
6. 1 .4.3 The County shall post such notices of meetings as may be required from
time to time by the Colorado Open Meetings Law and shall maintain
custody of the records of the Council in accordance with the Colorado Open
Records Act;
6. 1 .4.4 The County shall consider and respond on a timely basis to questions and
issues posed by the Council and shall seek to resolve those issues in
collaboration with the Municipalities.
6. 1 .4.5 The County shall provide information and supporting documentation and
analyses as reasonably requested by the Council to perform its duties and
functions described herein.
VII. RATE SETTING
The Larimer County Board of County Commissioners may adopt and amend rates for any
Tier 1 Infrastructure Facilities at its sole discretion to fund and recover all capital, debt, operating,
maintenance, depreciation, regulatory, post closure, and any other expenses of the County Solid
Waste Enterprise. Differential pricing of waste streams may be developed and implemented to
assist with waste diversion efforts and support flow control where applicable . Upon the opening
of the central transfer station and initial receipt of waste , sections 5 and 6 of the November 21 ,
1974 Intergovernmental Agreement regarding free disposal will be terminated.
VIII. NOTICE
Page 10 of 20
Any notice, request, demand, consent, or approval, or other communication required or
permitted under this Agreement shall be in writing and shall be hand-delivered or sent by registered
or certified mail, return receipt requested, or by overnight commercial courier, addressed to such
other Party at its respective addresses set forth in Exhibit "A" attached hereto and such notice or
other communication shall be deemed given when so hand-delivered or three (3) business days
after so mailed, or the next business day after being deposited within an overnight commercial
courier.
IX. FUNDING OBLIGATIONS
The financial obligations of the Parties arising under this Agreement that are payable after
calendar year 2019 are contingent upon funds for that purpose being annually appropriated,
budgeted and otherwise made available by the respective governing bodies of the Parties in their
sole discretion. No term or condition of this Agreement is intended nor shall be interpreted to be
a multi-fiscal year obligation.
X. MISCELLANEOUS
10. 1 Entire Agreement. This Agreement is to be construed according to its fair meaning and
as if prepared by all Parties hereto and is deemed to be and contain the entire understanding
and agreement between the Parties hereto . There shall be deemed to be no other terms ,
conditions, promises, understandings, statements, or representations, expressed or implied,
concerning this Agreement unless set forth in writing and signed by the Parties hereto . This
Agreement cannot be modified except in writing signed by all Parties .
10.2 Governing Law. This Agreement shall be governed by and its terms construed under the
laws of the State of Colorado . Venue for any action shall be in Larimer County, State of
Colorado.
10.3 Agency Relationship. Nothing contained herein is deemed or shall be construed by the
Parties or by any third party as creating a relationship of principle and agent, a partnership
or a joint venture between the parties, or an employment relationship between the Parties .
10 .4 Third Party Beneficiaries. This agreement is made for the sole and exclusive benefit of
the Parties , their successors and assigns, and it is not made for the benefit of any third party.
10 . 5 Addition of New Parties to the Agreement. Additional governmental entities in Larimer
County may be added to this Agreement with the consent of all Parties .
10. 6 Severability. If any term or condition of this Agreement is held to be invalid by final
judgment of any court of competent jurisdiction, the invalidity of such a term or condition
shall not in any way affect any of the other terms or conditions of this Agreement, provided
that the invalidity of any such term or condition does not materially prejudice an Party in
their respective rights and obligations under the valid terms and conditions of this
Agreement.
10.7 Uncontrollable Circumstances. No Party shall be deemed in violation of this Agreement
if prevented from performing any of its respective obligations hereunder by reason of
strikes, boycotts, labor disputes, embargoes, shortages of energy or materials, acts of God,
acts of public enemies, acts of superior governmental authorities, weather conditions, right,
Page 11 of 20
rebellions, sabotage, or any other circumstances for which it is not responsible or that are
not within its control.
10.8 Counterparts. This Agreement may be signed by the Parties in counterpart.
10.9 Governmental Immunity. No term or condition of this Agreement is intended nor shall
be construed as a waiver, either express or implied, of the monetary limits, notice
requirements, immunities, rights, benefits, defenses, limitations and protections available
to the Parties under any applicable law, including but not limited to the Colorado
Governmental Immunity Act, C .R. S . 24- 10- 101 , et. seq. , as currently written or hereafter
amended or implemented.
10. 10 Future Amendment. This Agreement is made in reliance on current laws and legal
authority. The Parties agree to negotiate amendments to this Agreement as may be
necessary to maintain the stated purposes and goals while accounting for changes and
evolution of applicable laws and legal authority.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be ratified by
resolution of their governing Boards or Councils as evidenced by the minutes of their governing
Boards or Councils and executed by their duly authorized officers as of the date first written.
REMAINDER OF PAGE INTENTIONALLY BLANK
SIGNATURE PAGES FOLLOW
Page 12 of 20
BOARD OF COUNTY COMMISSIONERS OF
LARIMER COUNTY, COLORADO
By:
Title :
ATEST :
Approved as to form:
County Attorney
Page 13 of 20
CITY OF FORT COLLINS, COLORADO
By:
Wade Troxell, Mayor
ATTEST:
Approved as to form:
City Attorney
Page 14 of 20
CITY OF LOVELAND, COLORADO
By:
Stephen C . Adams, City Manager
ATTEST :
City Clerk
Approved as to form:
City Attorney
Page 15 of 20
TOWN OF ESTES PARK, COLORADO
By:
Title :
ATTEST :
Page 16 of 20
Appendix A
Tiered Infrastructure Facilities
Table 1 outlines the Tier 1 , 2 and 3 Infrastructure Facilities selected with a potential schedule for
siting approval, permitting and design, construction and year to be place in service.
LocalTable 1 , Tiered Infrastructure Facilities
Potential Schedule
Tier Recommendations • Permitting/
Approval Des •
Tier 1
Central Transfer Station 2019 2020 2021 2022
New County Landfill 2019 2020 2022 2023
Yard Waste Open 2019 2019 2020 2021
Windrow Composting
Construction & Demolition 2020 2021 2022 2022
Waste Processing
Food Waste Composting 2021 2021 2023 2024
Tier 2
Clean Material Recovery Assessed Annually Moving Forward
Facility /Upgrade
Anaerobic Digestion /Pre-
Processing - WWTP
Tier 3
Waste to Energy ( Direct Possible Future Consideration
Combustion )
Refuse Derived Fuel
Processing
Page 17 of 20
Appendix B
Regional Recycling and Yard Waste Collection Service Area Map *
February 2019
RECYCLING AND YARD WASTE HAULER SERVICE AREAS CN�enne
Rea reamer
r 1 Co Center center C°un7' NaN
'!.'altivr LeMIMI uD
sfafrvi /
wefurgan
Co Centar
/ Comer
X
-
A�uflli
r �
1 i
In
ell /' i� - Its:es Merl. lovala'rl .
`.= Transfer Recycling
'��r• Station Center _prr
�
see r,
Re 6y 6
Vdrtl a Are
So•vme Area NH.w
l\
Berthoud
Ca nre rce Center p�
enro.
Earner County l=nar•.nf
Roll I,ng A Yare Waste
Servrce Area .Fil a Jepei uPi En Ce.N aIe.p q fun xuw. Ev an awl
„ indy / nane, rWatm
RECYCLING AND YARD WASTE HAULER SERVICE AREAS
REVISED DRAFT NORTH FRONT RANGE WASTESHED
FIGURE 2
.ure r901 Real[ atoxnr Wausato
* Individual Parties may amend this Appendix B to add portions of their
jurisdiction to the Recycling and/or Yard Waste Service Area without consent
from the other Parties .
* * Note : As of February 26, 2019 , the green shaded area depicted includes all
areas within the city limits of Fort Collins and Loveland. The electronic map
depicted above is maintained by and available from the County and shall
govern the area within which recycling and yard waste collection services must
be offered . It is the County ' s intent to include portions of Larimer County in
the above map in the future as the County hauler licensing program is
developed and implemented.
Page 18 of 20
Appendix C
Hauler Minimum Standards
The Parties will establish minimum hauler requirements as part of a required Hauler License to provide a
coordinated licensing approach for data tracking, educational material distribution, and curbside
collection requirements .
At a minimum , hauler license requirements will include :
a . For single-family residential customers : Pay As You Throw volume based requirements that
apply differential pricing structures for different sized solid waste containers, or a bag
pricing model . Volume based rates will be established with a substantive differential cart
rate . A minimum of two cart sizes shall be required for curbside garbage collection , unless a
bag pricing model is used . Recycling containers shall be provided for areas on map in
Appendix B with each curbside garbage cart . Yard waste collection must be offered as an
option in areas depicted on the map in Appendix B .
b . Requirement that Haulers abide by ordinances in that Party' s jurisdiction .
c . Requirement that Haulers meet Insurance requirements as established by each jurisdiction .
d . Requirement that Haulers list each vehicle in the Hauler' s fleet that will be used for
collection in that Party' s jurisdiction .
e . Requirement that Haulers report twice yearly the waste and recyclable materials ( in tons or
cubic yards ) collected in the Party' s jurisdiction and the customer type from which the waste
and recyclable material was collected .
f. Requirement that Haulers distribute to customers educational materials provided by Parties
at least once per year .
g . Provisions allowing Parties to conduct audits and penalties for non -compliance .
Page 19 of 20
Appendix D
Preliminary Site Plan
(Subject to Change)
N
800 0 800 , soo
SCALE IN FEET
I . \Mowl
��I � � 1 )
EXISTING LFG FLARE
ALTERNATIVE
COMPOST AREA
r.
IASE ryt
kS MAINTENANCE
BUILDING
SCALE HO EXPANDED
GARBAGE GARAGE �_ MATERIALS
"� RECOVERY
— T — HOUSEHOLD HAZARDOUS WASTE FACILITY
I'"la. III C �. I 1\ ' ti RECYCLE BINS
MATERIALS
I ADMINISTRATION OFFICES RECOVERY
5
5'I. q FACILITY
SOLAR
ARRAY `- --- - -
AREA +�.� �.. ` �•
I I YARD WASTE SITE STORMWATER
WINDROWS MANAGEMENTAREA
AERATED STATIC BINS �•••. .•. ••. •••
FOR FOOD WASTE f:
YARD WASTE/FOOD ••:•':
CONSTRUCTION AND _ WASTE UNLOADING :•::
DEMOLITION DEBRIS _ �- =J : :••:: • • • • • • • • `
PROCESSING BUILDING �1� l �•,•,•••,•,••• ••
TRANSFER STATION FACILITY ' NIP.
• ' • y
COMMERCIAL ACCESS , \` �` MANEUVERING AREA
TRANSFER TRAILER PARKING \_
]B ACRE UEVEI ppAIEN' AREA
SELF-HAUL ACCESS '� z H
NORTHERN COLORADO
BOMB SQUAD AREA
FORT COLLINS•LOVELAND
WATER STORAGE TANK \7!�`i RECYCLING, 1�
SHINGLES FUTURE 6
AND HHW CELL (r
SCALE HOUSE AND SCALES :1, � \ � '`.. AREA TOWER Q
W. TRILBY RD.
SOUTH TAFT AND TRILBY
INTERSECTION SHALL BE SIGNALED
AND INCLUDE A TURN LANE
LARIMER COUNTY SOLID WASTE DATE
AND BEHAVIORAL HEALTH FIGURE 2-21 -19
PRELIMINARY SITE LAYOUT
Page 20 of 20