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HomeMy WebLinkAboutC10-209 IGA with Holy Cross for Maintenance Service and FuelINTERGOVERNMENTAL AGREEMENT BETWEEN HOLY CROSS ENERGY AND THE COUNTY OF EAGLE, STATE OF COLORADO FOR MAINTENANCE SERVICE AND FUEL THIS INTERGOVERNMENTAL AGREEMENT made and entered into this day of ~U~-h~ , 2010, by and between the Holy Cross Energy (hereinafter referred to as the "HCE"), 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 HCE 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 1st day of April, 2010, shall expire on the 1st day of April, 2011; however, this Agreement shall automatically renew on an annual basis, each April 1St unless terminated in accordance with this Agreement. 3. REMUNERATION: A. That HCE agrees to pay the County a rate of $85.00 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. -1- 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 County Fleet Manger prior to the County performing any additional maintenance services. B. The County shall bill HCE for maintenance services and fuel on the first of every month. Payment by HCE is due and owing to the County by the 30th of the month. Any payments made by HCE to the county must be made out to the Eagle County Fleet Services. 4. INDEMNIFICATION/HOLD HARMLESS: To the extent allowed by law HCE shall hold the County harmless from all claims by HCE or by third parties asserted against the County arising out of the County's maintenance service of HCE vehicles. 5. MISCELLANEOUS: A. HCE recognizes that the County is merely providing a service for HCE 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 Fleet Services P. O. Box 1705 Gypsum, CO 81637 Holy Cross Energy P.O. Box 2150 Glenwood Springs, CO 81602 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 HCE 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. -2- r 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. 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 HCE 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. HCE has represented to the County and, likewise, the County has represented to HCE 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 WHERE the parties hereto have executed this Agreement this ~ day of 2010. THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: By: ' Clerk of the Board of County Commissioners ATTEST: By: Clerk ~~,. I .~ l~ r. By: ~- Holy Cross Energy -3- EAGLE COUNTY FLEET SERVICES IGA RATE SCHEDULE FOR SERVICE Light Duty Vehicles Flat Rates: Oil & Premium Oil Filter. $35.00 Basic LOF (tube chassis, change oil & oil filter) with up to 7 quarts of Premium engine oil) PM Service Labor Tire Rotation (4 Tires) Tire Mount & Balance Disposal fee per Tire Paint & Body Repairs: Fuel & Car Washes: Sheet Metal Repair Refinish Mechanical/ Electrical Frame Repair Paint & Materials Fuel- current tax free rate plus .15 cent mark up per gallon, Car washes Shop Rate & Other Charges for Light and Heavy Duty Equipment: Parts- current tax free cost plus 15% mark up. $12.00 $16.00 $40.00 $ 4.00 $70.00/hr $70.00/hr $70.00/hr $70.00/hr $30.00/hr $9.00/cw The shop rate for all other mechanical repairs is $85.00 per hour and is based on actual hours. There is an automatic shop fee associated with every opened work order of $10.00/ work order. t r: ti an~r, t e 7/h/ 0 ~~ 1) Re uested hearin date: Fi st choice 6/ 010 Second choi<c 2) For County Manager sign ture: No ~. ~ (~' I C ~ 3) Requesting department: Fleet Services /County Attorne 4) Title: IGA BETWEEN HOLY CROSS ENERGY AND THE COUNT OF EAGLE, STATE OF COLORADO FOR MAINTENANCE SERVIC~~ FUEL 5) Convening as another board or authority? State name 6) Check one: Consent: X On the Record:_ 7) Staff submitting: Fleet Services /County Attorney Representative 8) Pur ose: To perform minor maintenance repairs and sell fuel to Holy Cross Energy ~ ~~~ ~C ~ 5 ~ ~ Q~~ ~ ~ ~~ 9) Schedule: Year to Year ~ i+'~ ) r,,~ 10) Financial considerations: Contract amount? Labor rate is at 85.00/ hr and fuel at current cost plus .15 cent markup per gallon sold. Has agreement amount been fully budgeted? Revenue and not budgeted How much of the budgeted funds will remain after execution of this contract? Contract was not bud;eted for 2010 Revenues. Does agreement comply with Eagle County's Purchasing /Bidding /Request for Proposal Guidelines set forth in Resolution 2006-071? N/A If no, list in detail the reason for non-compliance including any exceptions set forth in Resolution 2006-072. N/A List dollar amount of all bids and provide detail for your choice of vendor, including but not limited to, such items as price, quality, experience, local preference, etc. N/A 9) Other: ~f'P ~ F N{~ ` ~~ Eagle County Attorney's Office 'JUN ~ 2010 c~y:_.~.~.,~._.~..___ r_agi~ Co~.~nty C~c~mmissinrers' Office `~