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HomeMy WebLinkAboutC04-147 WECMRD~.D~ -i~~ - ~~ AGREEMENT REGARDING PROVISION OF MAINTENANCE SERVICES FOR BERRY CREEK RECREATIONAL SITE This Agreement Regarding Provision of Maintenance Services for Berry Creek Recreational Site dated as of , 2004, is between the County of Eagle, State of Colorado, a body corporate and politic, by and thr ugh its Board of County Commissioners ("County"), and the Western Eagle County Metropolitan Recreation District, aquasi-municipal corporation and a political subdivision of the State of Colorado, by and through its Board of Directors ("District"). RECITALS WHEREAS, the County owns property located in Edwards, Colorado, more particularly described as Tract C, Berry Creek/Miller Ranch Planned Unit Development, Eagle County Colorado ("Property") WHEREAS, the District has leased a portion of the Property from County to maintain and operate recreation fields, associated lawn areas, berms, parking lot, picnic area and shelter, and a playground area (collectively "Fields"). Such leased areas are more particularly defined in the Multi-Purpose Fields Lease Agreements between the parties dated April 1, 2003 and November 18, 2003. WHEREAS, the County desires to have a portion of the Property outside of the leased area maintained by the District. Such maintenance to include those items as set forth herein, but including mowing, edging, seasonal start up, periodic maintenance and winterization of irrigation systems, maintenance of shrubbery and planting areas, annual mulch placement at planting beds and tree wells, aeration and fertilization. WHEREAS, the District has submitted to County a Proposal for performing the maintenance Services (defined in section 1). WHEREAS, the County and the D>strict intend by this Agreement to set forth the Scope of the responsibilities of the parties in connection with the Services and related terms and conditions to govern the relationship between the County and the District. WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 18 of Article XN of the Colorado Constitution, §32-1-1001, C.R.S., and other applicable laws. AGREEMENT Therefore, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: Scope of the Services: a) The District shall provide all labor, materials and equipment necessary to perform and complete the Services described in the proposal form attached hereto as Exhibit "A", and incorporated herein by reference. In the event of any conflict between this Agreement and the provisions of Exh>!bit "A", the terms of this Agreement shall prevail over the others. Generally, the Services shall consist of the following: G \MAINillandscape and ~mgatton\landscapmg & imgat~on maintenance agreement- bcreek wpd Weekly mowing of irrigated grass areas adjacent to east side of pond, edging and clean up of clippings. ii. Annual seasonal start up, periodic and winterization of area irrigation systems. iii. Service maintenance of shrubbery and planting areas. iv. Annual new mulch placement at all planting beds and tree wells surrounding the Community Center. v. Annual fertilization and aeration of fields. vi. Such services as unspecified but requested by the County. b) The District shall, upon commencement of services, provide a maintenance task list and schedule outlining contracted services for the Property, showing their type and location. c) The District shall submit the name of the project manager responsible for supervising the services. d) Any work in accordance with the Agreement that the County finds improper, the District will correct work in a timely manner. If the District defaults or neglects to carry out the Services in accordance with the Agreement and fails within a seven day period after receipt of written notice from the County to correct such default or neglect with diligence and promptness, the County may, without prejudice to other remedies, correct such deficiencies. In such case, the Agreement may be terminated by the County or a Change Order shall be issued deducting the cost of correction from payments due the District. Time of Performance and Termination: a) The initial term of this Agreement is from the date the contract is executed by County to December 31, 2004. Servicing shall commence on May 1, 2004, or as otherwise agreed to by the parties. The term shall automatically renew for an additional one year term commencing January 1 of each consecutive year for four (4) additional years unless one of the parties gives notice in writing to the other, at least 90 days before the anniversary, of its intention not to renew. b} The parties are governmental entities and all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. The rates of compensation provided hereunder shall not change during a renewal period unless approved in writing by County and the District before the commencement of the renewal term. Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to County nor shall any payment be made to Contractor for any Services done after December 31, 2004, without the written approval of the County m accordance with a budget adopted by the Board of County Commissioners in accordance with the provisions of Article 25 of Title 30 of the Colorado Revised Statues and the Local Government Budget Law (C.R.S 29-1-101 et seq.). c) Either Party may terminate this Agreement, with or without cause, by giving the other party written notice of its intention to terminate, specifying the effective date of the termination, at least 30 days before that effective date. Notwithstanding the foregoing, County may terminate this Agreement immediately for the District's failure to perform 2 G ~I~lAIN711andscape and imgabon~landscapmg & ~mgahon maintenance agreement- bcreek wpd under this Agreement per section 1(d) herein. In the event County terminates this Agreement, County shall pay Contractor for the actual work done up to the date of termination. Compensation and Payment: a) In consideration of its performance of the Services, the Contractor shall be paid as follows: i. County shall pay for services according to the monthly unit price amounts shown on the proposal form attached as Exhibit A. The District shall bill monthly, in arrears, for the services. County shall pay within thirty (30) days of billing. ii. All invoices will be sales tax free because County is a government exempt from such taxes. iii. The Contractor shall maintain comprehensive, complete and accurate records and accounts of its performance relating to this Agreement for a period of three (3} years following final payment hereunder, which period shall be extended at County's reasonable request. 4. Project Mana ement: Recreation Director and Facilities Supervisor shall be designated as the District's Project Managers for the Services. County's Director of Facilities Management shall be responsible for this Agreement. All correspondence between the parties hereto regarding this project shall be between and among the project managers. Either party may designate a different project manager by notice in writing. 5. Independent Contractor: It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship. The District shall be, and shall perform as, an independent contractor. No agent, subcontractor, employee, or servant of the District shall be, or shall be deemed to be, the employee, agent or servant of County. The District shall be solely and entirely responsible for its acts and for the acts of the District's agents, employees, servants and subcontractors during the performance of this Agreement. 6. No Subcontracting No Assignment: The District may not subcontract or delegate any part of the Services or substitute subcontractors without County's written consent, which consent County may exercise in its sole discretion. Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. Insurance: At all times during the term of this Agreement, the District shall to procure and maintain insurance against claims for in~unes to persons or damages to property, which may arise, or in connection with the District's performance hereunder. The bodily and personal injury limits of such policies shall be no less that the statutory limitations as defined in the Colorado Governmental Immunity Act, §24-10-114, C.R.S., or such other amounts as provided by law. Indemnification: To the fullest extent permitted by law, the District shall indemnify, defend, and hold harmless the County, its commissioners, employees and the agents of 3 G.\MAIN"T1landscape and imgat~on\landscaping & ~mgat~on maintenance agreement- bcreek wpd any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Agreements, but only to the extent such claim is not caused by the negligent act of the County during the performance of this Agreement. The parties agree that nothing contained herein waives or is intended to waive any protections that maybe applicable to the District under the Governmental Irrununities Act, §24-10-101 et. 5eq., C.R.S., or any other rights, protections, immunities, defenses or limitations on liability provided bylaw, and subject to any applicable provisions of the Colorado Constitution and applicable laws. 9. Notices: Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, FAX or mail to the appropriate party at the following addresses: a) District: Steve Russell Recreation Director Western Eagle County Metropolitan District P.O. Box 246 Eagle, Colorado 81631 b) County: Richard Cunningham Director, Facilities Management Eagle County PO Box 850 Eagle, CO 81631 c) Notices shall be deemed given on the date of delivery if delivered by personal delivery or delivery service such as Federal Express or United Parcel Service, or three days after the date of deposit, first class postage prepaid, in an official depository of the U.S. Postal Service. 10. Miscellaneous: a) The making, execution and delivery of this Agreement by the parties hereto has not been induced by any prior or contemporaneous representation, statement, warranty or agreement as to any matter other than those herein expressed. This Agreement with attachments embodies the entire understanding and agreement of the parties, and there are no further or other agreements or understandings, written or oral, in effect between them relating to the subject matter hereof. These Agreements may not be amended, including by any modification or, deletion from or addition to the scope of the Services, except by a written document of equal formality executed by both parties hereto. c) This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, without reference to choice of law rules. The parties agree that venue in any action to enforce or interpret this Agreement shall be in the District Court in the 5th District for the State of Colorado. d) This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or egwty arising out of any term, covenant, or condition herein or the breach thereof. 4 G 'Jv1AINT~landscape and ~mgaeonUandscapmg & ~mgation maintenance agreement- bcreek wpd e) The District shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Agreement. The District shall promptly remedy damage and loss to property caused in whole or in part by the District. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ~+±~~*G~F oo COUNTY OF EAGLE, STATE OF ~~ ` ~ ~ COLORADO, By and Through Its ~, BOARD OF COUNTY COMMISSIONERS ~* _ AT~'EST: 4 ~~~V' ~`~ Clerk to the Board of County Commissioners r- ~~ By: To C. Stone, Chairman WESTERN EAGLE COUNTY METROPOLITAN RECREATION DISTRICT: ATTEST: p ~aY PU6!~ caR~.a BEERS print name (` ~,~ ~ V ~ wig r+ ~ print title ~~' ~,hF,,,, ~• •~ ~~ 9~•OF c0~-~~QO My Commission Ex ices August 10, 2007 5 G ~MAIN'I1landscape and imgahon\landscapmg & ~mgation maintenance agreement- bcreek.wpd I ~• ., A, t PROPOSAL FORM: Cxt-~,61~- , , Provide alump-sum dollar amount for each of the following services: A. Monthly cost for once a week mowing of irrigated grass areas adjacent east side of pond, edging and clean up of clippings. $ L 5 ffre,. per acre B. One time annual fertilization of irrigated grass area. $ ~S~}-Eo2 -{- ~ne~-r~,nrS per acre C. One time aeration of irrigated grass area. $ ZSit 2 t'"~/-1-,~~,u,~ per acre D. One time spring clean up of irrigated grass area. $ ZS '`~'~. per acre E. Annual seasonal start-up irrigation system at irrigated grass area. F. ivlonthly maintenance of irrigation system at irrigated grass area. $ 2 S {~2 -iE- ~,q-2~- , G. Annual seasonal winterization of imgation system at imgated grass area. $ r~ A# ~v~ H. Annual seasonal start-up irrigation systems along roadway. a~ $ ~~~ ~ ~ ~_~ X25 i+sz I. Monthly maintenance of irrigation systems along roadway. ~g~ J. Annual seasonal winterization of irrigation systems along roadway. K. One time mowing ofnon-irrigated grass areas. $ 2 S C~ rt. -1-- ~_Q u i P per acre L. One time annual fertilization afvon-irrigated grass area. $ Z~ ~ T- m ~}r~.,e rqi, per acre M. One time trash container policing and general clean up of pond area site, (county will contract with trash removal service to empty containers). $ ~ dl~ c3,~`~ZS tf~, N. One time spring clean up of all parking lots, drives and walks in pond area. O. One time clean up and rakrnr~ of beach area. $ t ~~ ra ,e LS t-f rc _ P. Monitor pump system, mater intake system, pond inflow and siltation str~rctures and p~~ird outflow to maintain within parar~~eters during operating season, (contact Eagle County Facrirties Management for services by 41e[ron when problems exist). $ ~ ~f~ ~ ~~~z~_~~~ Q. .-annual new mulch ptac~ni~r~t at all tree wells along Mriler Ranch Road nghr of way. $_ _2_0o t_~f!~~~-5 ~ZS fay f n~.zr`~~~t R C}ire trine mowing alonE~ Rtrlier Ranch Road right of «av ~ :~ 40 h rz~2S ~trZ ~-~cJu ~~, S t~nc trrl~e stung tnmrnrn~~ ,u~~~rs araund trees along ~.~lr{ler Ranch Rriau nght rig ~.1 a~ 7~ i jn~ t~nr~ f>runrng all rr~~~, ,~', ~r._r 11rI(er Ranch Road rrght af~~ay .