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HomeMy WebLinkAboutC05-057 Gypsum Fire Protection District IGA 0()6"" () 61~ (PO INTERGOVERNMENTAL AGREEMENT BETWEEN GYPSUM FIRE PROTECTION DISTRICT AND THE COUNTY OF EAGLE, STATE OF COLORADO FOR MAINTENANCE SERVICE OF FIRE DEPARTMENT VEHICLES THIS IN~GOVERNMENT A~REEMENT made and ente~ed into th~s day of 'rt:=. , 200 , Y and between the Gypsum FIre ProtectIOn District (hereinafter referred tos the "Gypsum Fire"), 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 Gypsum Fire Protection District 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 I st unless terminated in accordance with this Agreement. 3. REMUNERATION: A. That Gypsum Fire 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 perform 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 Gypsum Fire for maintenance services on the first of every month. Payment by Gypsum Fire is due and owing to the County by the 30th of the month. Any payments made by Gypsum Fire to the county must be made out to the Eagle County Motor Pool Fund. 4. INDEMNIFICATION/HOLD HARMLESS: To the extent allowed by law Gypsum Fire shall hold the County harmless from all claims by Gypsum Fire or by third parties asserted against the County arising out of the County's maintenance service of Gypsum Fire vehicles. 5. MISCELLANEOUS: A. Gypsum Fire recognizes that the County is merely providing a service for Gypsum Fire 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 Gypsum Fire Protection District P.O. Box 243 Gypsum, CO 81637 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 of Gypsum Fire 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 ofthis 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 Gypsum Fire 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. Gypsum Fire has represented to the County and, likewise, the County has represented to Gypsum Fire 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. !N WITNESS W~OF, the parties hereto have executed this Agreement thIS day of ~"'lwl~ ' 20M.~ f6..ftA, Jf\I1~ THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its OF COUNTY COMMISSIONERS ATTEST: By:, 1~ Eagle COllllty Motor("Qool 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.