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Home My WebLink AboutC01-185 IGA with Town of Eagle for use of portable stageCi -- t INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF EAGLE, COLORADO This Agreement made this 1A -4— day of , 2001 by and between the Town of Eagle, Colorado and the County of agle, State of Colorado. WHEREAS, the Town desires to contract with the County for the performance of the hereinafter described "Use of Portable Stage" on the terms and conditions hereinafter set forth; and WHEREAS, the County is agreeable to rendering such "Usage" on the terms and conditions hereinafter set forth; and WHEREAS, this 1intergovernmental Agreement is authorized pursuant to= Section 18, Article XIV, of the Colorado Constitution; and C.R.S., 29 -1 -201, et. sec and C.R.18:°30- 15 -101. NOW, THEREFORE, in consideration of °the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: W`ITNESSETH: ` SECTION 1. LOCATION OF USE. The territory covered by this Agreement is all of that certain property legally described as those owned or controlled by the Town of Eagle, CO SECTION 2. DEFINITIONS Dates of Usage is defined as that time during the Town of Eagle "Flight Days" celebration commencing on the fourth week of June and ending prior to the beginning of the Eagle County Fair and Rodeo at the end of July. SECTION 3. SCOPE OF SERVICES. The County agrees to provide the use of the "currently owned" portable stage within the Town of Eagle during the "Flight Days" celebration for the year of 2001 and giving the Town of Eagle first option for the same dates of the years of 2002, 2003 at no additional cost. C Ji The County shall provide: A) The delivery of the portable stage to the location of "set up" and the remova of the stage at the appropriate time to be returned to the County. SECTION 4. COMPENSATION The Town of Eagle shall share the costs of the rehabilitation of the portable stage by reconstruction of the roof structure portion, not including the existing nylon tarp. Materials used and design of reconstruction shall be approved and agreed upon by both parties. Any and all damages, other than normal wear, to said stage, resulting from it's use by the Town of Eagle, shall be repaired at the expense of the Town. SECTION 5. PERSONNEL. The Eagle County Fair and Rodeo employees shall 'have full, cooperation from the Town of Eagle, its public works, its police officers and /or their respective officers, agents, and employees, so as to facilitate the performance of this Agreement. The , use-,of stage provided for herein, discipline of employees, and other matters incident . s to the performance of such services and the control of personnel: so employed, shall remain in the County. All persons employed in the performance of such Services for the'Town of Eagle, pursuant to this agreement, shall be County employees, except for Town personnel used''to "secure" the area as described in Section 3, above. SECTION 6: LIABILITY AND INSURANCE: A. 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 or 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 by any employee thereof. B. The County agrees to indemnify, defend and hold harmless to the extent allowed by law, the Town, 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 County's intentional or negligent acts, errors or omissions 2 or that 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 that of its agents officers, servants and employ- ees, whether contractual or otherwise. C. 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_ofany potential liability arising under this Agreement and; upon reasonable written request, shall furnish evidence, of the same to the other w, respective party. SECTION 7: TERM AND TERMINATION. This Agreement is effective , 2001, and -shall end on the 31 st day of December, 2001. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty days' prior written notice of termination. Upon termination, the County shall be -entitled to compensation for, services performed priorto such termination, and both parties,shall be relieved of any and all duties and obligations under this Agreement. Obligations of the Town of Eagle and the County, respectively, after the current fiscal year, are contingent upon funds for the purpose set forth in this Agreement being appropriated, budgeted and otherwise made available. SECTION 8. GENERAL PROVISIONS. A. Notices. All notices, requests, consents, approvals, written instructions, reports or other communication by the Town of Eagle and the County, under this Agreement, shall be in writing and shall be deemed to have given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Eagle, Colorado P.O. Box 609 Eagle, Colorado 81631 3 e i5 County of Eagle: Eagle County Attorney P.O. Box 850 Eagle, CO 81631 Either party may change the address to which notices, requests, consents, approvals, written instructions, reports or other communications are to be given by a notice of change of address given in the manner set forth in this paragraph A. B. This agreement does not and shall not be deemed to confer upon or 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. C. 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. D. 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 orthe Town other than those contained herein. E. 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. F. 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. G. The Town has represented to the County and, likewise, the County has represented to the Town, that it possesses 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 considered 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. 4 ATTEST: C erk to the Bo rd of County Commissioners C, COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS om Stone, Chairman s