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HomeMy WebLinkAboutC06-102 ( .' (C'tf-/t:;).(;;;:. , INTERGOVERNl\-IENT AL AGREEMENT BET\VEEN WESTERN EAGLE COUNTY METROPOLITAN RF.CREATION DISTRICT AND TIlE (:OUNTY OF EAGLE, STATE OF COLORADO I-'OR MAINTENANCE SERVICE AND FUEL ~ THIS INTERGOVERNMENTAL AGREEMENT m"de and entered into this IS' ~dayof _M~ ., 2006, by and bcrweenthc Western Eagle County Metropolitan Recreation Di~trict (he-reinafrc:r referrcd (0 as the "\VECI\.-fRD"). and Ille BoaroofCounly Commissioners of the County of Eagle , Slale of Colorado, a hody corporate and politic (hercinafler refcrroo to as the "County"), \\lTNESSETH; THAT, in consideration orlhe mutual promises. covenants and conditions contained herein, the partie~ hereto agree herehy as follows: 1. SCOPE; The C'OUllty does hcrehy agree to perform maintenance services for \VECM RD 10cutO;lC! within the County of Eagle, State of Colorado. Said maintenance services shall he hmited (0 the following unless approved in writing hy the County: Seealtached ICARate Schedule for Service 2. PERIOD OF AGREEMENT: The term o[tlris agreement shall eommenec the lstday of!\1arch. 2006. shall expire on thelst day of March. 2007; however, this Agreement shall automatically renew on Un annual basis, each March 1" unle~s terminated in accoTdance wilh this Agrecment. 3. REMUNERATION: A. That WECi\1RD agrees to pay dlC County a rate of$65.00 per hour for meehanic's time peITorming the ahove maintenance ~ef\'lCes, Such rate is ~ubjeet to amcndment and modification hy mutua] agrecment ofthc parties npon each renewal period or al a time olherwisc agreed to by the parties I i ! In the eVCnl l!tecounlyagrcc5topcrfonnaddilional services 10 Iho scoutJincdin Paragraph 1,lhe hourly ra1e shall be negotiated by Ihe Eagle F1ccl Supervisor p riortothc COlmly JlcrLonning any additional maintenance services. B. The COllnty shall hill WECMRD for maintenance services and fuel On the tlTSI of evcry month. Payment by WECMRD is due ami owing to the COUlltyby the 30'h oflhe momh. Any payments made by WECMRD to the county mllst be maue out 10 the Eagle COllnly Motor Pool Fund. 4. I'<OEMNIFlCATlONiROLD HARMLRSS: To the extent allowed by law WECMRD shalll10ld the County hamlless from all claims by \VEG\IRD orby third parties assened agaitlst the COllnty arising out or!he County's maintenance service oJ'\VECMRD vehicles. 5. MISCF,LLANFOUS: A. \VECMRD recognizes that the Counly is merely providitlg a service lor \VECMRD and that County vehicles arc the number one priority of the Eagle CoulltyFlcetMeehanics, B. Either part}' may temlinatc this Agreemcnt with or without cause upon thitty (30) days' notico; in writing to the other party. C. All written notices shall be given by certified mail 10 the following address: Eagle COllnty MotorPooJ P.0.80,,150 Eagle,CO 8163] WestclTl Eagle County Melropolitan Recreation District P.0.Box246 Eagle. CO 81631 D. Tlwprovisions of this agrecmentshall exfcnd to and be binding upon the respective parties hereto. their successors and assigns. NotwithstandingtJ1e foregoing, financial obligations of \VECJ\.-fRD anu the County, ITspeetiveJy. payable allerthc current fiseal year, arecontmgcnt upon fundsfortJ1e purposes set forth inthisAgreemelltbelngappropriated,budgeted a nd otherwiscmadcavaiJahlc. E. No modification Or waiver of this Agrecment or or any covenant, condition, or provisionhcrein contained shall hevalidlllllcss in writing and duJyc xecllted by the party to be charged thercwith. , , F. This written Agreement embodies (he wltole agreement between the parties hereto and there are no inducemcnls, promises. tenns, cond itions,or obligations made or entered into either by WECMRD or tlte county other than Lhatcontamedhcrein. G.AII agreemcnls and covenallts herein arc severable, alld in the event that anyorlhem shall belteld invalid hy a coun ofcompetell(junsdic lion, this Agreemenl shall be interpreted as if such invalid agrC~Them or covcnalll Ivere Ilot contained herein. H. WECMRD has represented to the Connly and, likev.'isc, the County has represented to \\-'ECMRD tltat it possesses lhe legal ability (0 enler into (his Agreement. Tn Lhe ovent thai a cOLIn ofcompetcnljurisdiction determines that ei!her of!he parries hereto did not possess the legal abililyto cnl erinto/his agreemenl. this Agreement shall be considered null and void as of the date of suchcourtdelennination. Th' WITNESS WHEREOF, the parties hereto have executed tillS Agreement this 8~ day Of.J:C:i).,,-~,J, ,2006. THE COUNTY: -- By: L -~-'" Clerk of the Board of Coun(yCommissioners ATTEST: BY\~::- M~ By:_ Clerk