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HomeMy WebLinkAboutC15-249 Garfield County Intergovernmental AgreementINTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND GARFIELD COUNTY FOR LEASE OF AN AIRPORT RESCUE AND FIREFIGHTING TRUCI���y THI INTERGOVERNMENTAL AGREEMENT ( "Agreement ") is entered into the (! — day of 2015, between Eagle County, a body corporate and politic ("Eagle "), and Garfield ounty, Colorado, a body corporate and politic ( "Garfield ")(individually a "Party" and collectively, the "Parties "). RECITALS WHEREAS, Garfield has requested use of an Eagle County Airport ARFF Truck for C -17 operations training; and WHEREAS, Eagle is willing to lease said ARFF Truck to the County upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Town and the County, the Parties do hereby agree as follows: 1. Term. The initial term of this IGA shall commence on June 11, 2015 and continue for a period of two months ( "Initial Term), unless earlier terminated as hereinafter provided. The Initial Term shall expire on August 11, 2015. 2. Renewal Term. After expiration of the Initial Term, if Garfield has not returned the ARFF Truck in accordance with Section 7(b) of this Agreement, this Agreement shall automatically renew on the same terms and conditions on a day -to -day basis for a period not to exceed 45 days (each day will individually be referred to as a "Hold Over Day "). The Parties expressly agree that Garfield shall have no right to extend this lease or to any additional Hold Over Days beyond the 45 days identified here. 3. Premises. Eagle hereby grants to the Garfield a lease of the following property, (hereinafter the "Truck "): Truck Description: Oshkosh T -1500 VIN Number: 1 OT9L5BH2P 1048372 4. Lease Payment Amount. As consideration for lease of the Truck under this Agreement, Garfield shall pay Eagle as follows: a. For the Initial Term, Garfield shall pay to Eagle the amount of $4,500.00 per month. Total lease payments for the Initial Term shall be $9,000.00. �_v . e, b. For each Hold Over Day, Garfield shall pay to Eagle the amount of $150.00 per 6&"Io�zll day. Page 1 of 6 C(9 -�q j s. EGE ARFF Services. Upon reasonable notice and subject to availability based on the Eagle County Regional Airport schedule, Eagle will make two (2) EGE ARFF firefighters available on dates mutually agreed upon by Eagle and Garfield for purposes of operating the ARFF Truck during C -17 operations ( "Firefighter Services "). Garfield will compensate Eagle at the rate of $75 per hour (including travel time), per firefighter, for the Firefighter Services. 6. Budgeting and Appropriation. The Parties' obligations under this Agreement are subject to each County's annual right to budget and appropriate the sums necessary to fulfill the Agreement. No provision of this Agreement shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of either County within the meaning of any constitutional or statutory debt limitation. Notwithstanding anything to the contrary contained in this IGA, neither County shall have any obligations under this IGA with respect to any period after the end of the fiscal year in which funds have been appropriated therefore by the County in accordance with a budget adopted by the County's respective Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Payment. Garfield will make lease payments in arrears on a monthly basis, without the requirement of written notice or invoicing by Eagle. For the Initial Term, the first payment must be received by Eagle on or before July 11, 2015; the second payment must be received by Eagle on or before August 10, 2015. Full payment for any Hold Over Days must be received by Eagle no later than September 24, 2015. Payment for the Firefighter Services must be received within thirty days of Garfield's receipt of an invoice detailing the hours worked by EGE ARFF Firefighters under this Agreement. 8. Limitations on Use of the ARFF Truck. The following rights and limitations apply to the Garfield's use of the ARFF Truck: (a) Garfield may pick up the ARFF Truck from the Eagle County Regional Airport at a time and location mutually agreed upon by the Parties on or after June 11, 2015. Unless otherwise expressly provided herein, Eagle will not be responsible for transporting the ARFF Truck to or from the Eagle County Regional Airport and Garfield assumes sole responsibility and cost for such transportation. (b) Upon expiration of this Agreement (whether the Initial Term or any Hold Over Days), or early termination by Garfield, Garfield agrees to return the ARFF Truck to the Eagle County Airport at Garfield's sole cost and expense. The ARFF Truck will be returned in a substantially similar condition as it was at the commencement of this Agreement. Upon return, the ARFF Truck will be refueled and all firefighting agent levels (including AFFF Foam and Purple K, but with the exception of water) will be full. (c) In order fulfill its obligation to transport the ARFF Truck to the Rifle Garfield County Airport at the beginning of the Initial Term, and back to the Eagle County Regional Airport after expiration of the Agreement, Garfield will use a trailer capable of Page 2 of 6 hauling the ARFF Truck safely to the each location (d) Garflield acknowledges and agrees that the ARFF Truck will be leased in "as is" condition at the commencement of the Initial Term and that Garfield accepts all risk of damage to the ARFF Truck while the ARFF Truck is in its possession (including transport). In the event of any maintenance or operational issues become apparent during Garfield's possession of the ARFF Truck, Garfield will immediately notify Eagle. Upon such notice, Eagle will send one of its qualified mechanics to assess the issue and make recommendations for repair. Garfield agrees to reimburse Eagle for any cost of repair or loss occurring or identified during Garfield's possession of the ARFF Truck. (e) Garfield agrees to take good care of the ARFF Truck and to return the ARFF Truck in the same condition as when Garfield first takes possession. Garfield agrees to allow only ARFF qualified staff to operate the ARFF Truck and will ensure that the ARFF Truck is operated only during C -17 Operations, and will be operated and securely stored within the confines of the Rifle Garfield County Airport. 9. Termination. Garfield acknowledges and agrees that Eagle may require the return of the ARFF Truck prior to the expiration of this Agreement for Eagle's Airport operations. Either Party may terminate this Agreement without cause by providing 24 -hour notice to the other Party. In the event Eagle terminates this Agreement before the expiration of the Initial Term, Eagle will, at its own cost and expense, pick up the ARFF Truck and transport it back to the Eagle County Regional Airport. If Eagle requires the return of the ARFF Truck before the expiration of the potential 45 Hold Over Days, Garfield will return the ARFF Truck at its sole cost and expense in accordance with Section 7 (b) of this Agreement. 10. Inspection. Eagle shall have the right to enter the Rifle Garfield County Airport for the purpose of inspecting or protecting the ARFF Truck upon reasonable notice to Garfield. 11. Liability and Indemnification. Eagle, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of Garfield or of any officer, employee or agent thereof. Likewise, Garfield, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of Eagle or by any officer, employee or agent thereof. Garfield agrees to indemnify, defend and hold harmless to the extent allowed by law, Eagle, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, arising out of or related to Garfield's intentional or negligent acts, errors, or omissions or that of its agents, officers, servants, and employees, whether contractual or otherwise. Garfield expressly agrees to accept all risk of loss associated with its possession of the ARFF Truck. 12. Insurance. Garfield shall procure and maintain for the duration of this Agreement, insurance against claims for injury to persons or damage to property which may arise from or in connection with this Agreement. The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in this Agreement. Garfield shall provide coverage, by commercial policy or self - insurance, with limits of liability not less than those Page 3 of 6 stated below. a. General Liability. i. Minimum Limits 1. General Aggregate: $2,000,000 2. Each Occurrence Limit: $1,000,000 3. Fire Damage Expense: $1,000,000 ii. Policy shall include bodily injury and property damage including defense costs. iii. The policy shall be endorsed to include the following additional insured language: "Eagle County, its subsidiary, associated and/or affiliated entities, it's elected officials, employees and agents shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of Garfield County." b. Property Insurance. i. The ARFF Truck shall be insured for 100% replacement cost. ii. Property insurance policy shall be written on a Covered Cause of Loss- Special Form, replacement cost coverage. iii. Eagle County shall be named as a loss payee. 13. Relationship of the Parties. The relationship between the Parties is that of cooperating independent governmental entities and nothing herein shall be deemed or construed as creating a relationship of principal and agent, partnership, joint venture, or joint ownership interest in the real property. 14. No Waiver of Governmental Immunity. Nothing in this IGA shall be construed to waive limit, or otherwise modify any governmental immunity that may be available by law to the Town or the County, its respective officials, employees, contractors, or agents, or any other person acting on behalf of the Town or the County, and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10. Part 1 of the Colorado Revised Statutes. 15. Notice. Any notice, demand, or other communication required or permitted to be given by any provision of the Lease shall be given in writing, delivered personally or sent by overnight courier, with shipping charges prepaid, or by facsimile, address as follows: To Eagle: Alex Everman, C.M. Airport Operations Manager Page 4 of 6 Eagle County Regional Airport P.O. Box 850 Eagle, CO 81631 Ph.: (970) 328 -3578 Fax: (970) 328 -2687 To Garfield: Brian Condie Director Rifle Garfield County Airport 16. No Third -Party Beneficiaries. Nothing contained in this IGA is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third - party, including any agent, sub - consultant or sub - contractor of the Town, the County or Eagle County. Absolutely no third -party beneficiaries are intended by this IGA. Any third - party receiving a benefit from this IGA is an incidental and unintended beneficiary only. 17. Miscellaneous. a. Except as provided herein, no amendment, alteration, modification or addition to this Agreement shall be valid or binding unless in writing and signed by the Parties. b. The caption of each section is added as matter of convenience only and is to be considered of no effect in the construction of any provision contained herein.' c. This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. Venue for any dispute arising under this Agreement shall be the courts of Eagle County. d. Should either party bring suit to enforce the terms of this Agreement, the Parties shall bear their own respective costs, expenses, and attorneys' fees. e. If any provision of this Agreement or the application thereof to any person or circumstance shall to any extent be deemed invalid or unenforceable, the remainder of the Agreement shall not be affected thereby. / /Signature Page Follows // Page 5 of 6 IN WITNESS WHEREOF, the Parties hereto have executed this IGA the day and year first above written. ATTEST: 4� e _ x �Il.!(►�1L ( � 1 w�o� � o �teawtip� Clerk to tlWBoard of County Commissioners ATTEST: Clerk to the Board of County Commissioners Page 6 of 6 EAGLE COUNTY COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: 4Kahyh dler- Henry, Chair Date: GARFIELD COUNTY COUNTY OF GARFIELD, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By. � Date: 5 5'G�� ACE USA 213 -833 -3100 main Aerospace 213- 833 -3107 fax 601 S. Figueroa Street Suite 1500 www•ace•ina.com Los Angeles, CA 90017 ace usa May 29, 2015 CERTIFICATE OF INSURANCE (PAGE 1 OF 2) THIS IS TO CERTIFY that the Insured set forth below is at this date insured with ACE PROPERTY AND CASUALTY INSURANCE COMPANY under Policy No: AAP N0220373A 008 as described in the following schedule. Notwithstanding Any requirement, term or condition of any contract or other document with respect to which this Certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. THIS CERTIFICATE OF INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY, AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICY (IES) BELOW. THIS CERTIFICATE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER DESCRIPTIVE SCHEDULE INSURED: Rifle Garfield County Airport ADDRESS: 375 County Road 352, Building 2060, Rifle, Colorado 81650 LOCATION: Any "airport" located within the Unites States of America (including its territories and Possessions), Puerto Rico and Canada. TYPE: Airport Owners and Operators Liability Insurance POLICY PERIOD: From: November 1, 2014 To November 1, 2015 (both dates at 12.01 am LST) SUM INSURED: Bodily Injury, Personal Injury/Advertising Injury and Property Damage combined $25,000,000 each occurrence /offense, subject to the following limitations: Products - Completed Operations Aggregate Limit ........................ $25,000,000 Personal Injury Aggregate Limit ................. ............................... $25,000.000 Malpractice Aggregate Limit ...................... ............................... $25,000,000 Fire Damage Limit Any One Fire ......... ............................... $100,000 Medical Expense Limit Any One Person . ............................... $5,000 Hangarkeepers Limit Any One Occurrence .. ............................... $25,000,000 Hangarkeepers Limit Any One Aircraft ....... ............................... $25,000,000 Non -Owned Aircraft Liability Limit Any One Occurrence........... $25,000,000 DEDUCTIBLE: NIL. Page 1 of One of the ACE Group of lnsmance& Reinsurance Companies ace usa May 29, 2015 CERTIFICATE OF INSURANCE (PAGE 2 OF 2) ISSUED TO: Eagle County, State of Colorado, by and through Its Board of County Commissioners, its subsidiary, associates and/or affiliated entities, its elected officials, employees and agents. P.O. Box 850 Eagle, CO 81631 Item Description: 1993 Oshkosh Airport Rescue Fire Fighting Truck, Model T -1500, VIN #1 OT9L5BH2P 1048372 ADDITIONAL AGREEMENT: Solely with respect to airport operations between the Named Insured and this Certificate Holder, WHO IS AN INSURED is amended by endorsement to include as an insured person or organization the following Certificate Holder as an insured, but only with respect to liability.to which the insurance provided under the above Policy (ies) applies that is caused, in whole or in part, by the Named Insured's acts or omissions or acts or omissions of those acting on the Named Insured's behalf in the performance of the Named Insured's "airport operations ". COMMENTS: This Certificate of Insurance neither affirmatively nor negatively amends, alters. or extends The coverages afforded by the policy described above. Should any of the above described policies be cancelled before the expiration date thereof, notice will be given in accordance with the policy provisions. Page 2 of 2 (Authorized Representative) _.:= '`` LIP OF LIABILITY INSURANCE DATE DATE(MMIDD/YYYY) GENERAL 6/1/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Karen George Flood and Peterson PHONE (720) 977 -6026 FAC N : (970)330 -1867 PO Box 578 E -MAIL ADDRESS :KGeorge @F1oodPeterson.com INSURERS AFFORDING COVERAGE NAIC # Greeley CO 80632 INSURERA:Travelers PTO ert Casualty CO INSURED Rifle Garfield County Airport INSURER B DAMAGE T5 RENTED PREMISES Ea occurrence $ Board of County Commissioners INSURER C: $ PERSONAL & ADV INJURY 375 County Rd 352; Bldg 2060 INSURER D: Rifle CO 81650 INSURER E: INSURER F: $ - - - - --- - Mr-VIAIVIY munnorm: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOn INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE POLICY NUMBER MM DDY MMND LIMITS INSR GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR DAMAGE T5 RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ _ GENERAL AGGREGATE $ - GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO- LOC PRODUCTS - COMP!OP AGG $ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ H AGGREGATE $ DID RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ if in under If yes, describe under NIA TWO STATU- OTH- � $ E.L. EACH ACCIDENT $ DISEASE - EA EMPLOYE $ DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Inland Marine T6603E977732 6/11/2015 0/11/2015 $700,000 Limit $5,000 Deductible DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Eagle County Colorado, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers, are included as Loss Payee as respects to the referenced: Oshkosh T -1500 Aircraft Rescue Fire Fighting (ARFF) vehicle, VIN #lOT9L5BH2P1048372, Replacement Cost: $350,000 ea. r:FRTIFICATC unl nco Eagle County Colorado Attn: Alex Everman PO Box 850 Eagle, CO 81631 ACORn 25 t2n9nmFi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE George /KGEORG W IVOO -w'llU AGUKU GU11PUKATION. All rights reserved. INS025/gninnFim Thn ARr1Rrt nomc nnrl Inn^ am roni.f rcrf mcr4c ^f ArnRn