HomeMy WebLinkAboutC12-345 Colorado Mountain Collage Intergovernmental Agreement • INTERGOVERNMENTAL AGREEMENT i BETWEEN COLORADO MOUNTAIN COLLEGE. AND THE COUNTY OF EAGLE, STATE OF COLORADO FOR MAINTENANCE SERVICE AND FUEL PURCHASES THIS INTERGOVERNMENTAL AGREEMENT made and entered into this t t!J day of (� �(,�' , 2012, by and between the Colorado Mountain College (hereinafter referred to as the "Colorado Mountain College "), and the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the "County"). WITNESSETH: WHEREAS, Colorado Mountain College desires assistance from County to maintain its heavy equipment and provide fuel services; and WHEREAS, County has the ability to perform maintenance on heavy equipment, provide fuel services, and has the capacity to assist Colorado Mountain College; and WHEREAS, County and Colorado Mountain College 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: I. SCOPE OF SERVICES: The County does hereby agree to perform general maintenance services for the Colorado Mountain College 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 Colorado Mountain College. Said maintenance services shall be limited to those items set forth in Exhibit A unless approved in writing by the parties. 1 c' 2. PERIOD OF AGREEMENT: A. The initial term of this Agreement shall commence on the first day of September, 2012 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. This contract shall be reviewed by County at regular intervals with regard to fair compensation. 3. REMUNERATION: A. Colorado Mountain College 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. This Agreement shall be reviewed by County with regard to fair compensation. 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 Manager and Colorado Mountain College and agreed to in writing prior to the County performing any additional maintenance services. B. The County shall bill Colorado Mountain College 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. Fuel cost will be determined by the "current cost of fuel, plus a mark -up of $.17 per gallon. Payment by Colorado Mountain College is due and owing to the County by the 30` of the month. Any payments made by Colorado Mountain College to the County must be made out to the Eagle County Fleet Services. 4. INDEMINIFICATION/HOLD HARMLESS: To the extent allowed by laws, Colorado Mountain College shall hold the County and its officials, boards, officers, principals and employees harmless for all losses, costs, claims, damages and liabilities, including reasonable attorney's fees and expenses that 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 of this 2 Agreement and County's maintenance service of Colorado Mountain College vehicles. 5. MISCELLANEOUS: A. Colorado Mountain College recognizes that the County is providing a service for Colorado Mountain College 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 Colorado Mountain College heavy equipment as requested by Colorado Mountain College or within a reasonable time thereafter. B. All written notices shall be given by certified mail to the following address: Eagle County Fleet Services Colorado Mountain College P.O. Box 1705 150 Miller Ranch Rd. Gypsum, CO 81637 Edwards, CO 81632 Attn: Harry N. Taylor Attn: Kurt Keiser Director of Fleet Services Fire Science Program Coordinator (970) 328 -3543 (970) 569 -2921 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 Colorado Mountain College 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, as and to the extent required by Colorado law. 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 Colorado Mountain College 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. Colorado Mountain College has represented to the County and, likewise, the County has represented to Colorado Mountain College 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 do 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. H. County and Colorado Mountain College each shall maintain insurance and if requested by the other party, shall provide proof thereof. I. 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 G day of ©C, '(� , 20 l THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO By: _.1-7- • dw. Keith Montag, County M•, ager ATTEST: By: By: A ?61 Secretary • :rado Mountain College 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, Preventative 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 $1.0.00 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 Colorado Mountain College 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 Colorado Mountain College Vehicle Schedule No. Year Make Model VIN Agreed Value CMCI 1988 Pierce Sable Fire Engine 1P9CTO1D2JA040331 $25,000.00 6