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Home My WebLink AboutC15-167 Eagle County School District RE 50J IGAINTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND EAGLE COUNTY SCHOOL DISTRICT RE 50J FOR SAFE ROUTES TO SCHOOL SIDEWALK CONSTRUCTION AND MAINTENANCE THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this � a� day of AECAILe , 2015 by and between Eagle County, Colorado, a body corporate and politic, acting by and through its Board of County Commissioners ("County") and the Eagle County School District RE 50J, (hereinafter "District"). Collectively these entities are referred to as the "Parties" and individually these entities are referred to as defined above or as a "Party." RECITALS: WHEREAS, County received a grant of federal funds as part of the Safe Routes to School Program for certain sidewalk, pavement and signage improvements; and WHEREAS, the Parties desire to enter into this Agreement concerning the construction and maintenance of certain sidewalk improvements which are expected to be constructed through a contract with the County in the Miller Ranch area of Edwards as shown on Exhibit A which is attached hereto and incorporated herein by reference (hereinafter the "Improvements"); and WHEREAS, the County will provide for the construction of the Improvements contingent upon receipt of an acceptable bid and as generally depicted on Exhibit A and located generally in the SW '/. of the SE'/e of Section 4, T 5 S, R 82 W of the 6cn Principal Meridian in Eagle County, Colorado. The property upon which the Improvements will be located are further identified as portions of Eagle County right-of- way and Eagle County Assessor's parcel numbers 2105-044-16-002 and 2105-044-47- 001; and WHEREAS, the District agrees to provide all maintenance, repair and restoration of the Improvements as set forth herein; and WHEREAS, the Constitution and laws of the State of Colorado permit and encourage local governmental entities to cooperate with each other to make the most efficient and effective use of their powers and responsibilities; and WHEREAS, the Parties enter into this Agreement under the authority of local governments of the State of Colorado to contract with one another; and WHEREAS, this Agreement is entered into pursuant to, inter alfa, C.R.S. §§ 29- 1-201, et seq., and Article XIV, Section 18 of the Colorado Constitution. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual promises 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. _Construction of Improvements. County will, contingent upon receipt of acceptable bids, contract for construction of the Improvements in accordance with the Safe Routes to School Grant. District hereby consents to and authorizes construction of the Improvements substantially in accordance with Exhibit A on District owned property. 2. Maintenance Responsibilities. The District, at its sole cost and expense, shall provide all maintenance of the Improvements, which shall include but not be limited to, snowplowing, sweeping, repair, restoration and replacement as necessary so that the Improvements are kept in a safe and serviceable condition for access by the public at all reasonable times. 3. Removal of Improvements Prohibited. The District acknowledges and agrees that the Improvements were paid for through a grant from the federal government as part of the Safe Routes to School Program and therefore the Improvements may not be removed and must be maintained as set forth in paragraph 2. 4. County's Obligations. County shall be responsible for ensuring construction of the Improvements as set forth in Paragraph 1 hereof and District shall have no obligations related to construction of the Improvements financial or otherwise. 5 District Obligations. Upon completion of construction, the District shall own the Improvements located on District property and County shall continue to own Improvements located in the Eagle County right of way. Notwithstanding the foregoing, District shall be responsible for and District assumes all liability associated with maintenance of the Improvements as set forth in Paragraph 2 hereof and County shall have no further obligations related to the Improvements whether for maintenance or any other purpose, financial, or otherwise after initial construction and installation of the Improvements. 6. insurance. County agrees to obtain and maintain at all times while it is constructing the Improvements commercial general liability ("CGL") insurance, which policy shall provide for insurance coverage consistent with the limits of liability under the Colorado Governmental Immunity Act. District agrees to obtain and maintain at all times CGL insurance, which policy shall provide for insurance coverage consistent with the limits of liability under the Colorado Governmental Immunity Act. 7. IndeRendent Contractor Status. The Parties to this Agreement intend that the relationship between them is that of independent contractor. Any agent, employee, or servant of a Party shall not be deemed to be an employee, agent, or servant of the other Party. 8. Non -Assignable. This Agreement may not be assigned by either Party without advance written approval of the other. Any attempt to assign this Agreement without such consent shall be void. 9. 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. 10. Severability. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. 11. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be hand -delivered or sent by registered or certified regular mail, postage pre -paid to the addresses of the parties as follows. Each Party by notice sent pursuant to this paragraph may change the address to which future notices should be sent. Notice to County: With a copy to: Notice to the School District: Eva Wilson Eagle County Engineer 500 Broadway P.O. Box 850 Eagle, Colorado 81631 Eagle County Attorney 500 Broadway P.O. Box 850 Eagle, Colorado 81631 Board of Education Eagle County School District RE 50J 757 East Third Street Eagle, CO 81631 12. Immuni The Parties agree and understand that both Parties are relying on and do not waive, or intend to waive by this Agreement, the monetary limitations, rights, immunities, and protections provided by the Colorado Governmental hnmunity 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. 13. Binding Effect. The rights and obligations of the Parties under this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. 14. 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. County shall have all remedies available to it in law or equity to enforce the terms of this Agreement, including an action for specific performance and injunctive relief. 15. Duration. This Agreement shall remain in effect unless amended or terminated by mutual written agreement of the Parties. 16. Authori . Each of the Parties warrant that they possesses the legal authority to enter into this Agreement and that they have taken all actions required by all applicable procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize their undersigned signatory to execute this Agreement and to bind them to its terms. The person executing this Agreement on behalf of each Party warrants that such person has full authorization to execute this Agreement. 17. No Third Party Beneficiaries. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement, shall be strictly reserved to the County and the District. Nothing contained herein shall give or allow any claim or right of action whatsoever by any other third person or entity. 18. Waiver. The waiver of any breach of a term, provision or requirement of this Agreement shall not be construed or deemed a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision or requirement. 19. Modification and Amendment. This Agreement may be modified or amended in writing by both Parties. 20. No Personal Liability. No elected official, director, officer, agent or employee of either Party shall be charged personally or held contractually liable by or to the other Party under any term or provision of this Agreement or because of any breach thereof or because of its or their execution, approval or attempted execution of this Agreement. 21. Appropriation Limitation. All financial obligations set forth in this Agreement are subject to annual appropriation in accordance with Colorado law. 22. Recitals. The Recitals set forth above are incorporated herein by reference. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: u� Z W .( BY: vin u� i c * ootopt►� Clerk to the Board of County Commissioners 1J`1 _ ' "uT� STATE OF COLORADO) ) ss. COUNTY OF EAGLE ) COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF Co BY Kat EAGLE COUNTY SCHOOL DISTRICT RE 50J The fore of instrument was acknowledged before me byCy as of Eagle County School District RE 50J this day of , 2015. My commission expires: O ((J M NOTARY PUBLIC GEA BARD Nota ublic STATE OF COLORADO NOTARY ID #20004012015 My Commission Expires April 21, 2016 I 'tEXH1BtT'A!!, l� f s 77x ie�" .tears ,. 1 - . • JJ��.. • ` .♦ ; •, LEGEND = SIDEWALK/PATH TO BE MAINTAINED BY EAGLE COUNTY SCHOOLS - - - - = PROPERTY LINE / ROW N EXHIBIT MAP SC/1LE 1'200' SAFE ROUTE TO SCHOOL NO. DATE REVISION EAGLE COUNTY SIDEWALK MAINTENANCE EXHIBIT ENGINEERING DEPARTMENT p0BOX 850, 500 BROADWAY BRO LOCATED IN TRACT D, BERRY CREEK/ MILLER RANCH P.O. EAGLE, 00 BRO SECTION 1, TSS, RE2W 81631 EDWARDS, COLORADO 970 3283580 FAX 870 3288789 EAGLE COUNTY 0 scweo nuts puwrl. urr, a�c�co ca CAGLL