HomeMy WebLinkAboutC12-033 Gypsum Fire Protection District IGA INTERGOVERNMENTAL AGREEMENT BETWEEN GYPSUM FIRE PROTECTION DISTRICT AND THE COUNTY OF EAGLE, STATE OF COLORADO FOR MAINTENANCE SERVICES AND FUEL PURCHASES v.44 T I INTER OVERN �TL AGREEMENT made and entered into this day of M , ;by and between the Gypsum Fire Protection District 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: WHEREAS, Gypsum Fire Protection District desires assistance from County, to maintain its heavy equipment, provide fuel services, and WHEREAS, County has the ability to perform maintenance on heavy equipment, provide fuel services, and has the capacity to assist Gypsum Fire Protection District; and WHEREAS, County and Gypsum Fire Protection District intend this Agreement to set forth the scope of the responsibilities of the parties and terms and conditions to govern their relationship in connection with the maintenance services. AGREEMENT NOW, THEREFORE, for good and valuable consideration and in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree as follows: 1. SCOPE OF SERVICES: The County does hereby agree to perform general maintenance services for Gypsum Fire Protection District heavy equipment, preventative maintenance services, and provide fuel services at the rates set forth in the attached Exhibit A entitled Eagle County Fleet Services IGA Rate Schedule for Service — Heavy Duty Equipment. In addition, the heavy equipment to be serviced under this Agreement is identified in Exhibit B, Heavy Equipment List for Gypsum Fire Protection District. Said maintenance services shall be limited to those items set forth in Exhibit A unless approved in writing by the parties. -1- (!I2 -D>,15 2. PERIOD OF AGREEMENT: A. The initial term of this Agreement shall commence on the first day of December, 2011 and shall end on December 31, 2012. This Agreement shall automatically be renewed and extended for an additional one -year term commencing on January 1, 2013, unless earlier terminated in accordance with the provisions of this Agreement. B. This Agreement may be terminated by either party for any reason, with or without cause, and without penalty upon thirty (30) days written notice. In the event of termination, County shall be compensated for all incurred costs and hours of work completed through the date of termination. 3. REMUNERATION: A. Gypsum Fire Protection District agrees to pay the County at a rate of $85.00 per hour for Mechanic's time performing general maintenance services plus the cost of all parts and /or fluids and fuel as more fully set forth in Exhibit A. Rates for other services are set forth in Exhibit A. Such rates are subject to amendment and modification by mutual agreement of the parties upon each renewal period or at a time otherwise agreed to in writing by the parties. In the event the County agrees to perform additional services to those outlined in Paragraph 1 of this Agreement or as set forth in Exhibit A, then the hourly rate shall be negotiated by the Eagle County Fleet Manger and Gypsum Fire Protection District and agreed to in writing prior to the County performing any additional maintenance services. B. The County shall bill Gypsum Fire Protection District for maintenance services provided and fuel purchases on the first of every month. The County will provide with the monthly invoice a summary billing report for maintenance services and fuel purchased. Payment by Gypsum Fire Protection District is due and owing to the County by the 30 of the month. Any payments made by Gypsum Fire Protection District to the County must be made out to the Eagle County Fleet Services. 4. INDEMNIFICATION /HOLD HARMLESS: To the extent allowed by law Gypsum Fire Protection District shall hold the County and its officials, boards, officers, principals and employees harmless from all losses, costs, claims, damages and liabilities, including reasonable attorney's fees and expenses for which County or any of its officials, boards, officers, principals and employees may become subject to, insofar as any such losses, costs, claims, damages or liabilities against the County arise out • -2- of this Agreement and County's maintenance service of Gypsum Fire Protection District vehicles. 5. MISCELLANEOUS: A. Gypsum Fire Protection District recognizes that the County is providing a service for Gypsum Fire Protection District and that County vehicle repairs are the number one priority of the Eagle County Fleet Mechanics. County will make good faith efforts to schedule maintenance services of Gypsum Fire Protection District heavy equipment as requested by Gypsum Fire Protection District or within a reasonable time thereafter. B. All written notices shall be given by certified mail to the following address: Eagle County Fleet Services Gypsum Fire Protection District P. O. Box 1705 PO Box 243 Gypsum, CO 81637 Gypsum, CO 81637 Attn: Harry N Taylor Attn: Dave Vroman Director of Fleet Services District Fire Chief C. 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 Protection District 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. D. 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 both parties. E. 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 Protection District or the county other than that contained herein. F. 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. -3- G. Gypsum Fire Protection District has represented to the County and, likewise, the County has represented to Gypsum Fire Protection District 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. I. County and Gypsum Fire Protection District each maintain insurance and shall provide proof thereof to and if requested by the other party. J. Nothing in this Agreement shall be deemed to make either party an employee, partner or representative of the other. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ' day of SMV4121 , 2011. THE COUNTY: • COUNTY OF EAGLE, STATE OF COLORADO I I B T. Keith Montag, County M . ager 1 ATTEST: By : tf. By: 1 Sec ary Gy sum Fire Protection District -4- EXHIBIT A EAGLE COUNTY FLEET SERVICES IGA RATE SCHEDULE FOR SERVICE Heavy Duty Equipment Shop Rate & Other Charges for Light and Heavy Duty Equipment: Maintenance Services includes the general service of vehicles and equipment, Preventive Maintenance services, and all repair services provided. The shop rate for all mechanical repairs is $85.00 per hour plus the cost of all parts and /or fluids. Parts- current tax free cost plus 15% mark up. Outside Service will be billed at cost plus 10%. There is a $10.00 shop fee to cover supplies on each work order. Fuel charged at current price to county plus .17 cent mark -up per gallon. Automated Car Wash (drive through - automobiles and small trucks) $9.00 per vehicle. Emergency Call Outs: The shop rate for requested "emergency call outs" for mechanical repairs or service is $100.00 per hour plus the cost of parts and /or fluids. Fleet Services normal operating hours are 6:00 am — 7:00 pm Monday through Friday. On weekends and holidays two mechanics are on duty to provide limited service to county departments. Emergency call out service is offered to Gypsum Fire Protection District weekdays (M -F) from 7:00 pm to midnight and on weekends and EC designated holidays from 6:00 am to midnight. Paint & Body Repairs: Sheet Metal Repair $70.00 /hr. Refinish, Preparation & Painting $70.00 /hr. Mechanical/ Electrical $70.00 /hr. Frame Repair $70.00 /hr. Paint & Material Supplies $Cost plus 10% -5- EXHIBIT B Heavy Equipment List Gypsum Fire Protection District Vehicle Schedule No. Year Make Model VIN Agreed Value 1 1982 Ford Pumper WDNF40KXCVA24548 $ 70,000 2 1968 Howe Pumper HR72 $ 30,E 3 1929 American LaFrance Antique G512 $ 25,000 4 1990 International Tanker 1HTSDNHR3LH297917 $ 90,000 5 1990 International Tanker 1HTSDNHR1LH297916 $ 90,000 6 1997 Toyota Tacoma 4TAPM62NXVZ300013 $ 17,000 7 1997 Smeal Quint LDH 1FVXTMDBXVH820740 $450,000 8 1982 Chevy Salvage LGCFP22M103327320 $ 5,000 9 1996 Ford Brush Vehicle 1FTJW3GG5TEA05291 $ 26,000 10 1996 Ford Explorer 1FMDU34X8TZA55306 $ 5,000 11 2007 American LaFrance Pump 1AFAABCK27RX24383 $445,270 12 1993 Intemational Service 1HSEPPNOPHSO6060 $ 7,000 13 2007 Dodge 1500 Ram 3D7KS19D37G721567 $ 40,000 14 2008 Dodge Pickup 3D7KS19D38G101433 $ 35,000 -6-