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Home My WebLink AboutC05-054 Office of the District Attorney IGA to6, 064- &0 INTERGOVERNMENT AL AGREEMENT BETWEEN OFFICE OF THE DISTRICT ATTORNEY AND THE COUNTY OF EAGLE, STATE OF COLORADO FOR MAINTENANCE SERVICE OF DISTRICT ATTORNEY VEHICLES THIS INTER GOVERNMENT AL AGREEMENT made and entered into this day of .:::rj::l""U ' 20G$, by and between the Office of the District Attorney (hereinafter referred to as the "District Attorney"), and the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the "County"). WITNESSETH: THAT, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree hereby as follows; 1. SCOPE: The County does hereby agree to perform maintenance services for the Office of the District Attorney located within the County of Eagle, State of Colorado. Said maintenance services shall be limited to the following unless approved in writing by the County: See attached IGA Rate Schedule for Service 2. PERIOD OF AGREEMENT: The term of this agreement shall commence the I st day of October, 2004, shall expire on theIst day of October, 2005; however, this Agreement shall automatically renew on an annual basis, each October 1 st unless terminated in accordance with this Agreement. 3. REMUNERATION: A. That District Attorney agrees to pay the County a rate of $65.00 per hour for mechanic's time performing the above maintenance services. Such rate is subject to amendment and modification by mutual agreement of the parties upon each renewal period or at a time otherwise agreed to by the parties. I In the event the county agrees to perforn1 additional services to those outlined in Paragraph 1, the hourly rate shall be negotiated by the Eagle Fleet Supervisor prior to the County performing any additional maintenance services. B. The County shall bill the District Attorney for maintenance services on the first of every month. Payment by District Attorney is due and owing to the County by the 30th of the month. Any payments made by District Attorney to the county must be made out to the Eagle County Motor Pool Fund. 4. INDEMNIFICATION/HOLD HARMLESS: To the extent allowed by law District Attorney shall hold the County harmless from all claims by District Attorney or by third parties asserted against the County arising out ofthe County's maintenance service of District Attorney vehicles. 5. MISCELLANEOUS: A. The District Attorney recognizes that the County is merely providing a service for the District Attorney and that County vehicles are the number one priority of the Eagle County Fleet Mechanics. B. Either party may terminate this Agreement with or without cause upon thirty (30) days' notice in writing to the other party. C. All written notices shall be given by certified mail to the following address: Eagle County Motor Pool P. O. Box 250 Eagle, CO 81631 Office of the District Attorney P.O.Box295 Eagle, CO 81631 D. The provisions of this agreement shall extend to and be binding upon the respective parties hereto, their successors and assigns. Notwithstanding the foregoing, financial obligations ofthe District Attorney 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. E. 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. 2 F. 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 District Attorney or the county other than that contained herein. G. 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. H. The District Attorney has represented to the County and, likewise, the County has represented to District Attorney 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 hereto have executed this Agreement this day 200$ IUt~ THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: By: Clerk of th oard of County Commissioners ATTEST: Clerk Eagle County Motor Pool IGA Rate Schedule for service Basic LOF (Lube chassis, Change oil & oil Filter) with up to 7 qts of premium engine oil & Premium Oil Filter $ 35.00 Tire Rotation (4 Tires) $ 16.00 Tire Mount & Balance $ 35.00 The shop rate for all other mechanical repairs is $ 65.00 per hour and is based on actual hours.