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Home My WebLink AboutC88-002 IGA for road maintenance with Pitkin CountyI88 -02 -50 INTERGOVERNMENTAL AGREEMENT FOR ROAD MAINTENANCE THIS AGREEMENT, entered into by and between the County of Eagle, State of Colorado, by and through its Board of County Commissioners; and the County of Pitkin, State of Colorado, by and through its Board of County Commissioners; for the purpose of sharing certain road and bridge maintenance functions as herein described. NOW, THEREFORE, in consideration of the mutual promises and covenants herein given, the Boards of County Commissioners of the Counties of Eagle and Pitkin, Colorado, do hereby agree as follows: 1. AUTHORITY 1.1 This agreement is entered into, inter alia, under the authority of local governments of the State of Colorado to contract with one another for the joint provision of services of functions which they can provide individually; Section 29 -1 -201, et seq., C.R.S. as amended, and Article XIV, Section 19, Colorado Constitution. 2. PURPOSE 2.1 The purpose of this agreement is to provide shared maintenance and equipment, as described at paragraph 3 herein, of county roads in Eagle and Pitkin Counties by one or more of those counties outside of their normal jurisdictional boundaries, in order to provide for greater efficiency, improved quality of service, and a savings in county expenditures for road and bridge purposes. 3. SHARED MAINTENANCE AND EQUIPMENT• Scope of Services 3.1 Pitkin County agrees to provide all management, fuel and labor necessary for general snow and ice removal from the Frying Pan River Road beginning at the Ruedi Reservoir parking area and ending at Elk Wallow on the north fork of the Frying Pan River Road, and ending at the Chapman Reservoir Campground entrance on the middle fork of the Frying Pan River Road. Likewise, Pitkin County agrees to remove ice and snow from the Eagle - Thomasville Road (Forest Service Road 400) to the Trout Farm in Eagle County. No sanding of these roads will be provided by Pitkin County. 3.2 For the performance of such services, Eagle County agrees to provide a Caterpillar model 12 motor grader with bulldozer and wing plow attachments. Such equipment shall be placed at the direction of Pitkin County. Eagle County agrees to provide the necessary preventive maintenance, repair and cutting edge replacement at Eagle County's Basalt Shop. G 3.3 Should additional equipment be needed to handle drifting or extremely heavy snow falls, Pitkin and Eagle Counties will provide such equipment to handle the problem in their respective county. 4. PERSONNEL 4.1 The rendition of the snow and ice removal service provided for herein, the standards of performance, the discipline of employees, and other matters incidental to the performance of such services and the control of personnel so employed, shall remain with Pitkin County. All persons employed in the perform- ance of such snow and ice removal services pursuant to this agreement shall be employees of Pitkin County. Eagle County shall not be liable for the payment of any salaries, wages or compensation or indemnity for injury or sickness to any employee of Pitkin County arising out of his /her employment to perform the snow and ice removal services, herein described. 4.2 Any employee assigned to operate Eagle County equipment shall be approved of by Eagle County. Such approval may require a skills test to be performed. 5. LIABILITY AND INSURANCE 5.1 Eagle County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the Pitkin County or of any officer or employee thereof. Likewise, Pitkin County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of Eagle County or of any officer or employee thereof. 5.2 Eagle County agrees to indemnify, defend and hold harmless to the extent allowed- by law, Pitkin County, its respective agents, officers, servants and employees of and from any and all loss, costs, damages, injury, liability, claims, liens, demands, actions and causes of action whatsoever, arising out of or related to Eagle County's intentional or negligent acts, errors, omissions or those of its agents, officers, servants and employees, whether contractual or otherwise. Likewise, Pitkin County agrees to indemnify, defend and hold harmless, to the extent allowed by law, Eagle 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 Pitkin County's intentional or negligent acts, errors or omissions or those of its agents, officers, servants and employees, whether contractual or otherwise. 2 5.3 The Counties shall respectively provide their 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. 6. TERMINATION 6.1 Unless sooner terminated as provided for herein, this agreement shall be effective November 1, 1987, and shall term- inate June 30, 1988. Notwithstanding the foregoing provision, either party, with or without cause, may terminate this agreement upon the giving of thirty (30) 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. 6.2 In the event that either County is dissatisfied with the services or equipment provided pursuant to this agreement, and such dissatisfaction cannot be resolved between the Counties, the sole remedy for either County is to terminate this agreement as herein provided. 7. MISCELLANEOUS PROVISIONS 7.1 This agreement does not and shall not be deemed to confer upon nor grant to any third party any lawsuit, action or other proceedings against either County because of any breach hereof or because of any terms, covenants, agreements or condi- tions contained herein. 7.2 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 charge therewith. 7.3 This written agreement embodies the whole agreement between the parties hereto and there are no inducements, promis- es, terms, conditions or obligations made or entered into by either County other than those contained herein. 7.4 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. 7.5 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 interpreted as if such invalid agreement or covenant were not contained herein. 3 7.6 In the event that a court of competent jurisdiction determines that either of the parties hereto do not posses the legal ability to enter into this agreement, this agreement shall be considered null and void as of the date of such court deter - mination. IN WITNESS WHEREOF, the agreement this /.,i ATTEST: By: krk of the Bo of County mmissioners APPROVED AS TO FORM: parties hereto have executed this day of Bee-..I.e.-y-1987. '3 -aoL-, &-I 1 ( `t F l$ COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS 4 By: �xea��•�t��e� n, Chairman UU Address for giving notice: P.O. Box 850 Eagle, Colorado 81631 (303) 328 -7311 COUNTY OF PITKIN, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Add es for giving Notice 506 East Main Street Aspen, Colorado 81611 (303) 9"-5232 y� By: M'7 Timothf W#itsitt Assistant Attorney for Pitkin County.