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HomeMy WebLinkAboutC87-198 IGA with Town of VailINTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF VAIL, STATE OF COLORADO SNOW AND ICE REMOVAL SERVICES - WEST VAIL THIS INTERGOVERNMENTAL AGREEMENT, made and entered into this ,23rId day of `h011eMSO-r- , 1987, by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred to as the "County," and the Town of Vail, State of Colorado, a municipal corporation, by and through its Town Council, hereinafter referred to as the "Town." RECITALS a. The County desires to contract with the Town for the performance of the hereinafter described snow and ice removal services by the Town upon the public roads located within the area of the County commonly referred to as "West Vail." b. The Town is agreeable to rendering such snow and ice removal services on the terms and conditions hereinafter set forth. C. This Intergovernmental Agreement is authorized pursuant to § 29-1-201, et seg., C.R.S. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto aaree herebv as follows: 1. TERRITORY COVERED. 1.1 The roads covered by this Agreement consists of approximately 1.77 miles of public roads located within all of that certain property within West Intermountain and Highland Meadows legally described and depicted as the subject of annexation proceedings by the Town of Vail on the Annexation Plat, A Part of Sections 1, 11, 12, 14, and 15, Township 5 South, Range 81 West of the 6th Principal Meridian, Eagle County, Colorado, recorded in Book 314 at Page 986 under Reception No. 211361, Drawer "V", Case 11211, of the real property records of the County of Eagle, State of Colorado. A portion of such property has already been re -annexed into the Town. This Agreement covers only that property still remain- ing within the jurisdiction of the County (hereinafter I87-198-50 referred to as the "unincorporated portion of West Vail"), specifically: West Intermountain - Westerly portions of Basingdale Blvd. and Bellflower Drive. Highland Meadows - Vermont Road - Alpine Drive to end. Meadow Brook Drive - Vermont Road to end. Vermont Court - Vermont Road to end. Alpine Drive - Sierra Trail to end. Sequoia Drive - Alpine Drive to end. Tahoe Drive - Alpine Drive to end. 1.2 For purposes of this Agreement, the term "public road(s)" as used herein shall be defined as all roads within the unincorporated portion of West Vail identified and recog- nized by the Town as being public for purposes of snow and ice removal by the Town during the period of time West Vail was ostensibly annexed to the Town. The term "public road(s)" shall include, as applicable, the entire public right-of-way, including the graveled or asphalt driving surface, shoulders and drainage ways. 2. SCOPE OF SERVICES. 2.1 The Town agrees to provide general snow and ice removal services upon the public roads located within the unincorporated portion of West Vail to the extent and in the manner hereinafter set forth. For purposes of this Agreement, general snow and ice removal services shall consist of and include those snow and ice removal services regularly provided by the Town upon the Road during the period of time that portion of West Vail in which the Road is located was ostensi- bly annexed to the Town. By way of example only, and without limitation, such general snow and ice removal services upon the Road include: snowplowing; grading; blading; sanding; widening of the Road for access; continuing maintenance of snow and ice removal; repair or replacement of signage, reflectors, delineator posts and fences damaged by snow and ice removal; the clearing of snow and ice from barrow pits, culverts, and drainageways for the purpose of ensuring ade- quate drainage; response to citizen calls or calls for assis- tance from the County regarding snow and ice removal; and all technical, auxiliary and other services related to snow and ice removal upon the public roads which the Town presently services. -2- wo 2.2 Such snow and ice removal services shall be rendered on the following priority basis: First priority - school bus and emergency vehicle routes. Second priority - collector roads as determined and designated by the Town. Third priority - all remaining public roads designated by the Town for snow and ice removal. 2.3 The aforementioned snow and ice removal services to be rendered by the Town specifically exclude road construction and repair, and routine and normal maintenance, which shall remain the sole responsibility of the County. Notwithstanding the foregoing, the Town shall be solely responsible for the repair of any public road damaged as a direct result of the snow and ice removal services rendered hereunder by the Town. 2.4 In rendering such snow and ice removal services, the Town shall, with all due diligence, notify the Eagle County Road and Bridge Supervisor of the discovery of any physical condition existing within the public roads covered by this Agreement which, in reasonable judgment, constitutes, or in the reasonably foreseeable future could constitute, a risk to the health or safety of the public. For purposes of this Subsection 2.4, notification shall be deemed complete upon verbal contact with the Eagle County Road and Bridge Supervi- sor of the existence of a dangerous condition within a public road, timely followed by a written confirmation of the sub- stance of the prior verbal contact. 3. LEVEL OF SERVICE. 3.1 The level of service to be provided by the Town hereunder shall be that level of snow and ice removal service routinely and normally provided by the Town to West Vail during the period of time that portion of West Vail in which the Road is located was ostensibly annexed to the Town. 3.2 The Town shall provide to the County Road and Bridge Department a monthly report of snow and ice removal activities generated as a result of this Agreement. Such report shall include, by way of example only, the frequency, nature and extent of such services rendered. 3.3 The Town agrees to use its best efforts in the performance of its duties pursuant to this Agreement and to exercise the maximum amount of prudence and safety. In this respect, the Town shall give prompt and due consideration to -3- all requests of the County regarding rendition of the snow and ice removal services provided by this Agreement. The Town shall make every effort to comply with these requests if deemed consistent with the Town's general snow and ice removal practices. All requests for services, other than requests for assistance or citizen calls, shall be made by the County's Road and Bridge Supervisor or his authorized representative, to the Town's Public Works Director or his authorized repre- sentative. 4. EQUIPMENT. The Town shall furnish and supply all necessary labor, supervision, equipment, motor vehicles, office space, and operating and office supplies necessary to maintain the level of service to be rendered hereunder. It is expressly under- stood that any equipment, including motor vehicles, used in the performance of this Agreement shall remain in the owner- ship of the Town, and any and all necessary maintenance costs relative to such equipment shall be the sole responsibility of the Town. 5. COMPENSATION. 5.1 The County agrees to Thousand Dollars and No Cents five months of December 1987 rendition of the snow and ice herein. pay the Town the sum of Four ($4,000.00) per month for the through April 1988 for the removal services provided for 5.2 The County shall pay the aforementioned monthly amount on or before the fifteenth day of each respective month for those snow and ice removal services rendered by the Town the preceding month. If the County does not make timely payment, the Town may terminate this agreement with ninety (90) days' notification. In such event, the County shall be liable for all snow and ice removal services rendered by the Town to the date of termination. 5.3 Financial obligations of the Town and the County, respectively, payable after the current fiscal year, are contingent upon funds for the purposes set forth in this Agreement being appropriated, budgeted, and otherwise made available. -4- 6. PERSONNEL. 6.1 The Town and its Public Works Director shall have full cooperation from the County, the Eagle County Road and Bridge Supervisor, and their respective officers, agents, and employees, so as to facilitate the performance of this Agreement. 6.2 The rendition of the snow and ice removal services provided for herein, the standards of performance, the disci- pline of employees, and other matters incidental to the performance of such services and the control of personnel so employed, shall remain with the Town. In the event of any dispute between the parties herein as to the extent of the duties and services to be rendered hereunder, or with regard to the minimum level or manner of performance of such services, the determination thereof made by the Town shall be final and conclusive as between the parties hereto. 6.3 All persons employed in the performance of such snow and ice removal services for West Vail pursuant to this Agreement shall be Town employees, and no person employed hereunder shall have any County pension, civil service or any status or right. 6.4 The County shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any Town personnel performing snow and ice removal services hereunder for West Vail, nor any liabil- ity other than that provided for in this Agreement. 6.5 Except as herein otherwise specified, the County shall not be liable for compensation or indemnity to any Town employee for injury or sickness arising out of his/her employment. 7. LIABILITY AND INSURANCE. 7.1 The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer of employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the County or of any officer or employee thereof. 7.2 The County agrees to indemnify, defend and hold harmless to the extent allowed by law, the Town, its respec- tive agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, -5- demands, action and causes of action whatsoever, arising out of or related to the County's intentional or negligent acts, errors, omissions or those of its agents, officers, servants, and employees, whether contractual or otherwise. Likewise, the Town agrees to indemnify, defend and hold harmless, to the extent allowed by law, the County, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, arising out of or related to the Town's intentional or negligent acts, errors or omissions or those of its agents, officers, servants, and employees, whether contractual or otherwise. 7.3 The County and the Town shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. Further, the County and the Town, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as a co-insured under such insurance policies to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. 8. ANNEXATION. For purposes of this Agreement, the parties contemplate the Town's re -annexation of that portion of West Vail which is the subject of this Agreement, by phases, during the term of this Agreement. In this respect, the parties agree that as each respective phase is annexed, the compensation set forth in Section 5 shall concurrently and automatically be decreased in direct proportion to the reduction in demand for snow and ice removal services directly attributable to that phase or portion of West Vail re -annexed. Such reduced monetary amount due by the County to the Town shall be caluclated by taking the monthly amount due prior to the subject re -annexation and subtracting therefrom an amount derived by multiplying the mileage of the public roads within the re -annexed area by Two Thousand Seventy-seven Dollars and No Cents ($2,077.00). The figure $2,077.00 constitutes the monthly cost per mileage of the public road and shall be adjusted accordingly depending upon the time of the month re -annexation is affectuated. Such calculated total amount shall constitute the new monthly compensation due by the County to the Town in accordance with Section 5 hereof. 9. TERMINATION. 9.1 Unless sooner terminated as provided for herein, this Agreement shall be effective November 1, 1987, and shall terminate April 30, 1988. Notwithstanding the foregoing provision, either party, with or without cause, may terminate this Agreement upon the giving of ninety (90) days' prior written notice of such termination to the other respective party. Notice shall be deemed to have been given upon the mailing of said notice by United States certified, first-class mail, postage prepaid, and addressed to the parties at their respective addresses as shall appear herein, or upon a change of address pursuant to this notice provision. 9.2 In the event the County is dissatisfied with the Town's performance of its duties pursuant to this Agreement, and such dissatisfaction cannot be resolved between the County and the Town, and/or if the Town breaches any of the terms and conditions of this Agreement on its part, the County's sole remedy is to terminate this Agreement as herein provided. 10. MISCELLANEOUS PROVISIONS. 10.1 This agreement does not and shall not be deemed to confer upon nor grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Town or the County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 10.2 Except as specifically provided otherwise herein, no modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 10.3 This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Town other than those contained herein. 10.4 This Agreement shall be binding upon the respective parties hereto, their successors or assigns, and may not be assigned by anyone without the prior written consent of the other respective party hereto. 10.5 All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be -7- ; , F 0 interpreted as if such invalid agreement or covenant were not contained herein. 10.6 The Town has represented to the County and, like- wise, the County has represented to the Town, that it posses- ses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto did not possess the legal ability to enter into this Agreement, this Agreement shall be consi- dered null and void as of the date of such Court determination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. EST: a OOLOS�¢ . By: By lerk to the oard o County Commissioners COUNTY OF EAGLE, STATE OF COLORA,�6;'�y and Through Its BO OF COUNTY COMMISSIONERS rd L. ss: P Telephone: stays a x 8 le, CO 8 31 03) 328- 11 TOWN OF VAIL, STATE OF COLORADO ATTEST: By and Through Its Town Council B By : �t u Clerk to the Town ounci1 Rondall V. Phillips, T n Manager Address: 75 S. Frontage Rd. W. Vail, CO 81657 Telephone: (303) 476-7000 nz