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HomeMy WebLinkAboutC14-185 Cordillera Metropolitan District IGA AN INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND CORDILLERA METROPOLITAN DISTRICT FOR EXCHANGE OF SERVICES THIS INTERGOVERNMENTAL AGREEMENT, ("Agreement") is effective the I5` day of January, 2014, by and between EAGLE COUNTY, COLORADO, a body corporate and politic by and through its Board of County Commissioners ("Eagle County"), and CORDILLERA METROPOLITAN DISTRICT, a body corporate and politic, by and through its Board of Directors hereinafter referred to individually as a"Party"or 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 with road maintenance on a certain section of road within Eagle County; WHEREAS, the Parties have determined that it is in the best interests of both Eagle County and Cordillera Metropolitan District 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. Cordillera Metropolitan District's Responsibilities. A. Snow and Ice Removal and Associated Maintenance. Cordillera Metropolitan District agrees to assist with winter snow and ice removal service, including road checks associated with the snow and ice,on a section of road in Eagle County defined in the following subparagraph (i) between January 1 and December 31 each year during the term of this Agreement. The road section covered by this Agreement, hereinafter referred to as "The Road" is: (i} The 3.21 mile section(two lanes totaling 6.42 lane miles)of Eagle County Road#23 (Squaw Creek Road)from Highway 6 to the dividing point of Squaw Creek Road and Fenno Drive(horseshoe curve). B. Debris Identification and Removal. Cordillera Metropolitan District agrees to notify Eagle County of any isolated rock or debris on The Road that requires more than a snow plow to remove. 2. Eagle County's Responsibilities. A. Eagle County will provide Cordillera Metropolitan District with thirty five to forty tons of road sanding / traction material to be used on The Road (i.e. the portion of Squaw Creek Road that is 3.21 lineal miles,consisting of 6.42 lane miles). The entire amount of road sanding/traction material will be delivered in one shipment in November, for the following year's use. 3. Term and Termination. This Agreement is for a one (1) year term beginning January 1, 2014 and ending December 31, 2014 and shall automatically renew for additional one year terms through 2018 upon the same terms and conditions as set forth herein. This Agreement may be terminated by either party for any reason upon thirty (30) days written notice from 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 via overnight courier or 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 do Eagle County Manager P.O.Box 850 Eagle,Colorado 81631 Notice to Cordillera Metropolitan District: General Manager 408 Carterville Road Cordillera,CO 81632 5. Modification. The terms of this Agreement may be changed or modified only in writing by an agreement approved by the Parties' respective governing body. The Parties acknowledge that modifications to this Agreement may be required in heavy snowfall years to address the need for additional maintenance,equipment,and personnel hours. 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 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 Party as additional insured on the contractor's insurance to the same extent the other Party is named as an additional insured. 10.Severability. Should one or more sections or 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 seg., 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 Court of Eagle County, Colorado. 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 Cordillera Metropolitan District's Manager. In the event that these individuals are unable to reach agreement regarding the dispute, they shall refer it to Eagle County's County Manager and the Cordillera Metropolitan District's Board. Should the County Manager and Board fail to 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 Cordillera Metropolitan District Board of Directors. ATTEST: of mac, :OARD OF COUNTY COMMISSIO 1.1 RS ° EAGLE COUNTY,COLO 0 1 Teak J. Simonton,Cl rk to the Board Jill, H. Ryan,Chairman iop—t ATTEST: CORDILLERA METROPOLITAN DISTRICT Bart Sigl- ,,a tor of Operations ,Joe ilson,General Manager C/