HomeMy WebLinkAboutC01-316 IGA with School District for Park-n-Ridge in Gypsum-- --�, / & — e ��
OR161NAL
INTERGOVERNMENTAL AGREEMENT BETWEEN THE EAGLE COUNTY
SCHOOL DISTRICT RE -50J; THE COUNTY OF EAGLE, STATE OF COLORADO;
AND THE TOWN OF GYPSUM, STATE OF COLORADO.
This Intergovernmental Agreement, made and entered into this 2-q day of OCipb er, ,
2001, by and between the Eagle County School District RE -50J ( "hereinafter referred to as the
"District "); the County of Eagle, State of Colorado, a body corporate and politic, acting through the
Eagle County Regional Transportation Authority (hereinafter referred to as "ECO "); and the Town
of Gypsum, a Colorado municipality (hereinafter referred to as "Gypsum ").
WHEREAS, §29 -1 -203, C.R.S. authorizes local governments to cooperate and contract with
one another to provide any function or service authorized to one of them.
WHEREAS, the Eagle County Regional Transportation Authority operates a Park -n -Ride
lot for its bus services at the Eagle Valley High School in Gypsum, Colorado. Such property is
shown on the map attached hereto as Exhibit `B."
WHEREAS, the parties to this Agreement desire to perform upgrades to the Park -n- Ride
to increase the aesthetics of the area, provide additional off -hour parking for high school events, and
provide a safe and secure parking area for bus riders.
WHEREAS, the upgrades are to include a roto - milled surface for the provision of 53
designated parking spaces, r
WHEREAS, Gypsum has provided preliminary cost estimates for the upgrade in an amount
of $53,535.60 as shown in the attached Exhibit "A."
WHEREAS, the parties to this Agreement desire to share in the cost of the upgrade
construction under the terms and conditions as set forth herein
NOW, THEREFORE, for and in consideration of the mutual promises and other
consideration contained herein, the adequacy of which is hereby acknowledged, the parties agree as
follows:
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1. The upgrades as shown on Exhibits A & B shall be completed pursuant to the
specifications and plans of Gypsum and under the direct supervision and control of Gypsum.
Gypsum will have the full cooperation of ECO and the District so as to facilitate the performance
of this Agreement. Gypsum shall maintain adequate records of construction expenditures for a
period of no less than three years and will make such records available for inspection by the other
parties to this Agreement upon reasonable notice.
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EAGLE COJEiTY At TOP EY
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COST OF WORK
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2. The cost of work is estimated to be $53,535.60 as shown on Exhibit "A." Gypsum
agrees to pay for costs associated with the contingency fee not to exceed 10% and for the costs
associated with the design, surveying, inspecting, and testing on the project. The total contribution
of Gypsum is anticipated to not exceed $13,879.60. The District and ECO agree to equally share
the remaining cost of construction estimated at a total of $39,656.00 ($19,828.00 per entity).
3. All parties hereto are public entities and the costs required herein are subj ect to funds
being budgeted and appropriated for the current fiscal year. The parties acknowledge that they have
budgeted and appropriated the funds stated herein. Any material increase in the cost of construction
beyond the amounts estimated herein is subj ect to the availability of funds. All funds received under
this Agreement shall be expended solely for the purpose of which they are granted, and any funds
not so expended shall be returned.
MISCELLANEOUS PROVISIONS
4. By executing this Agreement, no party shall be deemed to assume any liability for
intentional or negligent acts, errors, or omissions of another party or any officer or employee thereof.
No agent, employee or volunteer of any party hereto shall be deemed an agent, employee or
volunteer of any other party under this Agreement. Nothing herein is intended to or waives the
provisions of the Governmental Immunity Act.
5. This Agreement may be terminated by any party, with or without cause, upon 30-
days notice given by the terminating party to the other parties.
6. Notices hereunder may be given by personal delivery, U. S. mail or fax (with
electronic confirmed receipt), to the respective parties as follows:
ECO: Jim Lair
ECO Transit
P. O. Box 1070
Gypsum, CO 81637
Telephone: 328 -3521
Fax: 328 -3539
District: Superintendent
Eagle County School District RE -50J
P.O. Box 740
Eagle, CO 81631
Telephone: 328 -6321
Fax: 328 -1024
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Gypsum: Jeff Shroll
Town Manager
Town of Gypsum
P.O. Box 130
Gypsum, CO 81637
Telephone: 524 -7514
Fax: 524 -7522
Notice will be deemed given on the date of delivery or three business days after deposit in
a U. S. Postal Service depository. If notice is given by fax, it shall be deemed given the business
date after transmission.
7. Modification or waiver of this Agreement or of any covenant, condition, or provision
herein contained shall not be valid unless in writing and duly executed by the parties herein.
8. This Agreement embodies the whole agreement between the parties hereto and there
are no inducements, promises, terms, conditions, or obligations made or entered into by any party
other than those contained herein.
9. 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. 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.
11. ECO shall be responsible for all maintenance associated with the Park -n -Ride being
funded through this Agreement.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date first
above written.
ATTEST:
Clerk to the Regional
Transportation Authority
ATTEST:
Secreta7/ --'
:ST:
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COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
REGIONAL TRANSPORTATION AUTHORITY
By: '
Kevin Foley, Chairman
EAGLE COUNTY SCHOOL DISTRICT RE -50J
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Titin-Mc ' chael
TOWN OF GYPSUM
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