No preview available
HomeMy WebLinkAboutC13-172 IGA with Town of Red Cliff for road maintenance0 AN INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND THE TOWN OF RED CLIFF FOR EXCHANGE OF SERVICES THIS INTERGOVERNMENTAL AGREEMENT, ( "Agreement') is effective the 1St day of July, 2013, by and between EAGLE COUNTY, COLORADO, a body corporate and politic by and through its Board of County Commissioners ( "Eagle County "), and between THE TOWN OF RED CLIFF, a body corporate and politic, by and through its Board of Trustees ( "Town of Red Cliff') hereinafter referred to collectively as the "Parties ". AGREEMENT WHEREAS, this Agreement is entered into pursuant to, inter alia, C.R.S. § 29 -1 -201, et seq., and Article XIV, Section 18 of the Colorado Constitution. WHEREAS, the Parties wish to cooperate and assist each other with road maintenance on certain sections of roads within Eagle County and the Town of Red Cliff; WHEREAS, the Parties have determined that it is in the best interests of both Eagle County and the Town of Red Cliff to enter into this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and agreements of the parties and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Town of Red Cliff's Responsibilities. A. Snow and Ice Removal and Associated Maintenance. The Town of Red Cliff agrees to provide winter snow and ice removal service, including road checks associated with the snow and ice, on the sections of roads in Eagle County defined in the following subparagraphs (i) — (ii) between November 1 and May 1 for each year during the term of this Agreement. The road sections covered by this Agreement, collectively referred to as "the Roads" are: i. The .11 mile section of Eagle County Road #124A (High Street) from Highway 24 to the Town of Red Cliff town limits, ii. The .52 mile section of Eagle County Road #124 (Water Street) from Highway 24 to the Town of Red Cliff town limits. B. Debris Identification and Removal. The Town of Red Cliff agrees to notify Eagle County of any isolated rock or debris on the Roads that requires more than a snow plow to remove. 2. Eagle County's Responsibilities. A. Eagle County agrees to sweep Town of Red Cliff roads once per year in May, using a kick -off type sweeper in addition to a pick -up type sweeper. B. Eagle County will provide the Town of Red Cliff with twenty tons of sand and salt mixture to be used as a winter traction / deicer agent on the Eagle County portions of Water Street (.52 miles) and High Street (.11 miles). C. Eagle County agrees to apply pavement markings in the form of center line striping to the Town of Red Cliff's portion of Water Street and High Street as necessary.. 3. Term and Termination. This Agreement is for a one year term beginning November 1, 2013 and ending October 31, 2014 and shall automatically renew annually. This Agreement may be terminated by either party for any reason, upon 30 days written notice signed by the respective governing body for the terminating party and delivered to the appropriate representative for the other party as identified in paragraph 4. 4. Notice. Any notice required or permitted under this agreement shall be in writing and shall be hand - delivered or sent by registered or certified mail, postage pre -paid to the address of the parties as follows. Either party, by written notice sent pursuant to this paragraph, may change the representative and/or address to which future notices should be sent. Notice to Eagle County: Eagle County Board of County Commissioners c/o Eagle County Manager P.O. Box 850 Eagle, Colorado 81631 Notice to Town of Red Cliff: Town Administrator 400 Pine Street / PO Box 40 Red Cliff, CO 81649 1 0 5. Modification. The terms of this Agreement may be changed or modified only in writing by an agreement approved the Parties' respective governing body. 6. Independent Contractor. The Parties to this Agreement intend that the relationship between them is that of an independent contractor. Nothing in this Agreement shall be deemed to make the employees of one party to this Agreement the agents, employees, partners, or representatives of the other party to this Agreement. 7. Non - Assignable. This Agreement is not assignable by either party. 8. Integrated Agreement. This Agreement may be changed or modified only in writing by an Agreement approved by the respective governing body for the Parties and signed by authorized officers of each Party. This Agreement constitutes the entire Agreement between the parties and all other promises and agreements relating to the subject of this Agreement, whether oral or written, are merged herein. 9. Subcontractors. If any part of this Agreement is contracted or subcontracted, any such contractors or subcontractor shall name the other county as additional insured on the contractor's insurance to the same extent the other county is named as an additional insured. 10. Severability. Should one or more sections of provisions of the Agreement be judicially adjudged invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Agreement, the intention being that the various sections and provisions hereof are severable. 11. Immunity. The Parties agree and understand that both parties are relying on and do not waive, by any provisions of this Agreement, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24 -10 -101, et seq., as from time to time amended or otherwise available to the parties or any of their officers, agents, or employees. 12. Choice of Law and Venue. This Agreement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Courts of Eagle County, Colorado. Each Party to this Agreement shall have standing to bring an action to enforce the terms of this Agreement in District Court, including an action for specific performance and injunctive relief. 13. Method for Resolving Disputes and Service. In the event of a dispute between the Parties concerning performance of either Party's obligations under this Agreement, the dispute shall first be referred to Eagle County's Road Department Director and the Town of Red Cliff s Town Administrator. In the event that these individuals are unable to reach agreement regarding the dispute, they shall refer it to the Eagle County's County Manager and the Town of Red Cliff s Board of Trustees. Should the County Manager and Board of Trustees fail to ffig b resolve the dispute, this Agreement may be terminated pursuant to paragraph 3 of this Agreement. IN WITNESS WHEREOF, the foregoing Intergovernmental Agreement is approved by the Board of County Commissioners of Eagle County and by the Town of Red Cliff Town Board of Trustees. ATTEST: %-1C;1& W ME; DUMLL LAI.IG ATTEST: BOARD OF COUNTY COMMISSIONERS C)F F. A CUP MT TNTV MT C)P A nn IM TOWN OF RED CLIFF, COLORADO Barb Smith, Town Clerk Date Scott Burgess, Mayor Date