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HomeMy WebLinkAboutC13-272 Town of Red Cliff Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF RED CLIFF FOR PLANNING SERVICES c5pfetviNTL- 13 THIS INTERGOVERNMENTAL AGREEMENT, ("Agreement") is effective as of they of 41:m72013, by and between THE COUNTY OF EAGLE, STATE OF, COLORADO, a body corporate and politic by and through its Board of County Commissioners ("Eagle County"), and THE TOWN OF RED CLIFF, a body corporate and politic, by and through its Board of Trustees (the "Town of Red Cliff') hereinafter referred to individually as a"Party" and collectively as the "Parties". WHEREAS, the Town of Red Cliff has determined a need for planning services for properties within the Town of Red Cliff; and WHEREAS, the Town of Red Cliff does not currently have adequate personnel or equipment to perform such services; and WHEREAS, Eagle County has sufficient experience, personnel and equipment to perform such services; and WHEREAS, the Town of Red Cliff desires to contract with Eagle County for the performance of the hereinafter described planning services on the terms and conditions set forth in this Agreement. WHEREAS, this Agreement is entered into pursuant to, inter alia, C.R.S. § 29-1-1201, et seq., as amended, and Article XIV, Section 18 of the Colorado Constitution; and AGREEMENT NOW THEREFORE, in consideration of the mutual covenants, conditions and promise contained herein, the parties hereto agree as follows: 1. Term and Termination. This Agreement is effective as of June 1, 2013 and, unless sooner terminated as set forth herein, shall end on May 31, 2014. Notwithstanding the foregoing, it is the intent of the Parties that following the end of the initial period, this Agreement shall be renewed for additional one (1) year periods upon written agreement of the Parties. Notwithstanding the foregoing provisions, either Party, with or without cause, may terminate this Agreement upon the giving of thirty(30) days prior written notice of such termination to the other party. Upon termination of this Agreement, Eagle County shall be entitled to compensation for services performed prior to such termination, and both parties shall thereafter be relieved of any and all duties and obligations under this Agreement. 1 2. Territory Covered. The territory covered by this Agreement is all of that certain property legally included within the boundaries of the Town of Red Cliff. 3. Scope of Services. Eagle County agrees to provide planning services within the Town of Redcliff as follows (the "Planning Services"): A. Zoning administration and interpretation; B. Review of land use and development proposals and requests; C. Provision of expertise in planning matters and interpretation of land use regulations; and D. Meetings and discussions with Town of Red Cliff staff, site visits, and presentation of land use and development proposals to the Town of Red Cliff Town Council. 4. Compensation. Eagle County will charge an hourly rate for Planning Services provided pursuant to this Agreement. Travel time associated with the Planning Services will also be billed at an hourly rate. Expenses such as printing costs and other miscellaneous project costs will be billed in addition to the hourly rate. The hourly rate shall be set by Eagle County, and may be amended from time to time. The rate for 2013 will be $76.50 per hour. Eagle County will submit an invoice to the Town of Red Cliff on a monthly basis detailing the Planning Services performed in the preceding month. Invoices shall be paid within 30 days of receipt. 5. Official Status. For purpose of performing the Planning Services described in this Agreement, Eagle County shall implement, as the Town's agent, the Town of Redcliff s Municipal Ordinances relating to planning and zoning now in effect and as amended from time to time. 6. Equipment. Eagle County shall furnish and supply, at its sole expense, all labor, supervision, equipment and office supplies necessary to provide the Planning Services described herein. • 7. Personnel. Eagle County shall have the full cooperation of the Town of Red Cliff, and its officers, agents and employees, so as to facilitate the performance of this Agreement. The rendition of Planning Services provided for herein, the standards of performance, and other matters incident to the performance of such Planning Services and the control of personnel so employed for such services shall remain with Eagle County. All persons employed in the performance of the Planning Services shall be Eagle County employees. 8. Budget. The parties agree that this Agreement is contingent upon all funds necessary for the performance of this Agreement being budgeted, appropriated and otherwise made available. It is expressly understood that any financial obligations that may arise hereunder, whether direct or contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing body of either Party. 9. Separate Governmental Entities. The Parties enter into this Agreement as separate, independent governmental entities and officials and shall maintain such status throughout. The Parties to this Agreement intend that the relationship between them is that of an independent contractor. Employees assigned under this Agreement shall be considered and shall remain employees of their respective entities at all times and for all purposes under this Agreement. 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. 10. Modification. The terms of this Agreement may be changed or modified only in writing by an agreement approved by each Party's governing body. 11. Integrated Agreement. This Agreement may be changed or modified only in writing by an Agreement approved by the governing body for each Party 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. 12. 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. 13. 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. 14. Liability and Insurance. A. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town of Red Cliff or of any officer or employee thereof Likewise, the Town of Red Cliff, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof B. The County and the Town of Red Cliff shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this 3 • Agreement. Further, the County and the Town of Red Cliff, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as an additional insured under such insurance policies to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. 15. 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 the District Court, including an action for specific performance and injunctive relief. 16. 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 Director of Planning 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 Manager and the Town of Red Cliff's Board of Trustees. Should the County Manager and Board of Trustees fail to resolve the dispute, this Agreement may be terminated pursuant to paragraph 1 of this Agreement. 17. 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 With a copy to: Eagle County Attorney 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 18. Binding. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 19. Non-Assignable. This Agreement is not assignable by either Party. 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: COUNTY OF EAGLE, STATE OF COLORADO,by and through its BOARD OF COUNTY COMMISSIONERS 4C.Y-e-one4:47. 4.w o Clerk to the Board Date c°�°`�P� Sara Fisher, Chai an Date ATTEST: TOWN OF RED CLIFF, COLORADO Barb Smith, Town Administrator Date Scott Burgess, Mayor Date 5