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HomeMy WebLinkAboutC20-089 Garfield County IGA1 INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND GARFIELD COUNTY FOR WINTER MAINTENANCE OF CERTAIN COUNTY ROADS THIS INTERGOVERNMENTAL AGREEMENT, (“Agreement”) is effective the 1st day of January, 2020, by and between GARFIELD COUNTY, a body corporate and politic, by and through its Board of County Commissioners (“Garfield County”) and EAGLE COUNTY, COLORADO, a body corporate and politic by and through its Board of County Commissioners (“Eagle County”), 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 in snow, rock and debris removal on certain sections of roads within Garfield and Eagle County; and WHEREAS, the Parties have determined that it is in the best interests of both Garfield County and Eagle County 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.Eagle County’s Responsibilities. A.Snow and Ice Removal and Associated Maintenance. Eagle County, through its Road and Bridge Department, agrees to provide winter snow and ice removal service, including road checks associated with the snow and ice, on the sections of roads in Garfield County defined in the following subparagraphs (i) – (iii) during the term of this Agreement. The road sections covered by this Agreement, collectively referred to as “the Roads” are: i.The 1.5 mile section of Garfield County Road #113 (Cattle Creek) between the Eagle County Line at Cottonwood Pass Road and the three way intersection at Upper Cattle Creek in Garfield County; ii.The .77 miles section of Garfield County Road #122 (Upper Cattle Creek Rd) from the three-way intersection to the County Line on Upper Cattle Creek Road; and iii.The 3.4 mile section of Garfield County Road #150 (Sweetwater Road) beginning at the County Line (6.67 miles from the Colorado River) and continuing for 3.4 miles to Sweetwater Lake. DocuSign Envelope ID: 9EBF97B9-52EF-45E7-8C8F-14558505EDA8 C20-089 2 B. Debris Identification and Removal Assistance. Eagle County agrees to notify Garfield County of any isolated rock or debris on the Roads that requires removal and, if requested, to assist Garfield County in its removal during the term of this Agreement on any of the Roads. C. Invoicing and Reporting. Eagle County shall invoice Garfield County on an annual basis in accordance with the fees schedule set forth in Exhibit A and incorporated into this Agreement for all purposes (the “Fee Schedule”) 2. Garfield County’s Responsibilities. A. Compensation for Snow Removal. For each instance of snow removal performed by Eagle County in accordance with Paragraph 1(A) of this Agreement, Garfield County shall reimburse Eagle County for the work performed in accordance with the Fee Schedule. Eagle County reserves the right to adjust its Fee Schedule at any time, which adjustments will become effective thirty (30) days from the date Eagle County provides notice to Garfield County in accordance with Section 4 of this Agreement. Garfield County shall remit payment to Eagle County within 30 days of receipt of the invoice. B. Compensation for Debris Removal. For each instance of debris or rock removal in which Garfield County solicits Eagle County’s assistance, as contemplated by Paragraph 1(B) Garfield County will reimburse Eagle County for all equipment time and man-hours used in the rock fall removal at the removal rates identified in the Fee Schedule. 3. Term and Termination. This Agreement is for a five year term beginning January 1, 2020 and ending December 31, 2024. This Agreement may be terminated by either party for any reason, upon 30 days written notice signed by the Board of County Commissioners and delivered to the appropriate representative 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 notice sent pursuant to this paragraph may change the address to which future notices should be sent. DocuSign Envelope ID: 9EBF97B9-52EF-45E7-8C8F-14558505EDA8 3 Notice to Eagle County: Eagle County Board of County Commissioners c/o Eagle County Manager P.O. Box 850 Eagle, CO 81631 Notice to Garfield County: Wyatt Keesbery Road and Bridge Director 0298 County Road 333A PO Box 426 Rifle, CO 81650 With a copy to: Garfield County Manager 108 8th Street, Suite 101 Glenwood Springs, CO 81601 5. Modification. The terms of this Agreement may be changed or modified only in writing by an agreement approved the Parties’ respective Boards of County Commissioners. 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 employees of either County an agent, employee, partner or representative of the other County. 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 Boards of 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. Budget and Appropriation. The Parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall refer only to currently budgeted expenditures of the Parties. The Parties’ obligations under this Agreement are subject to each individual Party’s annual right to budget and appropriate the sums necessary to provide the services set forth herein. Notwithstanding anything to the contrary contained in this Agreement, neither County shall have any obligations under this Agreement after December 31 DocuSign Envelope ID: 9EBF97B9-52EF-45E7-8C8F-14558505EDA8 4 of any year without an annual appropriation therefore by the County in accordance with a budget adopted by the respective Boards 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). 10. 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. 11. 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. 12. 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. 13. 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 or Garfield 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. 14. 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 each Party’s respective Road and Bridge Department Director. In the event that these individuals are unable to reach agreement regarding the dispute, they shall refer it to the respective County Managers of each Party. Should the County Managers fail to resolve the dispute, this Agreement may be terminated pursuant to paragraph 3 of this Agreement. // REMAINDER OF PAGE INTENTIONALLY LEFT BLANK // DocuSign Envelope ID: 9EBF97B9-52EF-45E7-8C8F-14558505EDA8 IN WI1NESS WHEREOF, the foregoing Intergovernmental Agreement is approved by the Board of County Commissioners�f.�:field County and by the Board of County Co mmissioners of Eagle County. ��LD c'o}:;.,_:r." ATTEST: 1 �••••••••o•.¼/.,,.'u '.\>' •• •• _,.\ \{i 0_. •.,.J.. V . SEAL ·i V, . .•• .o ·•. . ..BOARD OF COUNTY COMMISSIONERS OF GARFI ' OUNTY, COLORADO -r-+------------#--1 .;J.JJcrO By: 2; 1° Le ATTEST: Regina O'Brien Clerk to the Board Date Date 5 l l / Date BOARD OF COUNTY COMMISISONERS OF EAGLE COUNTY, COLORADO By:------------Kathy Chandler Henry, Chair DocuSign Envelope ID: 9EBF97B9-52EF-45E7-8C8F-14558505EDA8 3/5/2020 - 3/6/2020 EXHIBIT A TO INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND GARFIELD COUNTY FOR WINTER MAINTENANCE OF CERTAIN COUNTY ROADS Eagle County Road and Bridge Fee Schedule Compensation for Snow Removal Base fee of $4,000 per calendar year Compensation for Debris Removal Basic hourly rate: $38.00 Overtime rate (Anything over 40hrs per week): $57.00 Equipment Rate: Varies depending on equipment being used at that particular time *Prices subject to change based on increasing labor and fuel costs. DocuSign Envelope ID: 9EBF97B9-52EF-45E7-8C8F-14558505EDA8