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Home My WebLink AboutC21-269 IGA EV Library DistrictDocuSign Envelope ID: ODD56A61-EE24-4E4B-9B10-4EA2BACA8BC9 INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND THE EAGLE VALLEY LIBRARY DISTRICT FOR THE INSTALLATION OF ELECTRIC VEHICLE CHARGING STATIONS THIS INTERGOVERNMENTAL AGREEMENT ("Agreement"), made and entered into 8/10/2021 , by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic by and through its Board of County Commissioners (the "County") and the Eagle Valley Library District, a Colorado library district, ( the "Library") hereinafter referred to individually as a "Party" and collectively as the "Parties." RECITALS WHEREAS, by Intergovernmental Agreement between the Library and Eagle County dated August 8, 1995, the County transferred certain land to the Library for construction of the library facility and a public parking lot, with the County reserving and controlling for its exclusive purposes 10 parking spaces identified as the "County Designated Parking Area" in Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, Eagle County desires to install four(4) electric vehicle ("EV") charging stations within the County Designated Parking Area; and WHEREAS, the Library desires to obtain two (2) additional EV charging stations to be installed in on Library property in the area identified as "Library Designated EV Charging Station Area" in Exhibit A; and WHEREAS, Eagle County has secured a discounted rate through Holy Cross Electric Association, Inc. ("Holy Cross") for purchase of EV charging station equipment and materials and is in the process of engaging contractors for installation services; and WHEREAS, the Parties agree that it would be cost effective and efficient to cooperate on the construction and installation of the six (6) EV changing stations, with the County being responsible for managing and paying for the installation project, and the Library reimbursing the County for its share of the charging station equipment and taking over responsibility for operating costs associated with the two (2) EV charging stations installed in the Library Designated EV Charging Station Area; and WHEREAS, this Agreement is authorized by C.R.S. § 29-1-201, et. seq., and Article XIV, Section 18 of the Colorado Constitution, which permit and encourage governmental entities to make the most efficient and effective use of their powers and resources by cooperating and contracting, including the sharing of costs. AGREEMENT NOW THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree hereby as follows: C21-269 DocuSign Envelope ID: ODD56A61-EE24-4E4B-9B10-4EA2BACA8BC9 1. INSTALLATION PROJECT, OWNERSHIP AND ONGOING RESPONSIBILITIES A. Purchase and Installation Project. For the Library's benefit, Eagle County will purchase from Holy Cross Electric two (2) EV charging stations and associated equipment from ChargePoint Inc, (the "Purchase") and hire all necessary contractors for installation, obtain any necessary permits, and manage the installation project (the "Installation Project"). In connection with the Installation Project, Eagle County will ensure that power for the EV charging stations originates from the utility transformer located at the corner of 5t' and Capitol Streets in Eagle, Colorado. Separate power -usage meters will be installed at or in connection with the County Designated Parking Area and the Library Designated EV Charging Station Area so that electricity usage shall be separately metered and billed B. Utility Meters. Each Party will ensure that their respective meters are properly registered to the Party's name and invoiced to the proper Party. Each Parry shall pay its own electric/utility costs associated with its EV Charging Station Area. Eagle County will not be responsible to register the Library's utility meter or to monitor usage of the same. C. ChargePoint Subscription Plans. After the Purchase from Holy Cross, each Party will acquire (if necessary) and maintain their own subscription agreement with ChargePoint for operation of their respective EV charging stations. D. Insurance. Eagle County will require all contractors working on the EV charging station project described herein to carry adequate policies of insurance consistent with Eagle County's general contracting policies, and to name the Library as an additional insured. E. Compensation. The Library agrees to pay the County its share of the Installation Project in the amount of nine thousand six hundred sixty-seven dollars ($9,667) to cover the equipment cost for two (2) EV charging stations installed in the Library Designated EV Charging Station Area. The Library shall remit payment to Eagle County within thirty (30) days of receipt of invoice at the completion of the Installation Project. Upon receipt of full payment, Eagle County shall transfer to the Library ownership of the Library's EV Charging Station equipment by good and sufficient bill of sale. Eagle County will pay the full cost of the Installation Project. F. Warran . Equipment and other warranties shall pass to the Library upon payment to the County of the compensation set forth herein, at which point Eagle County shall have no additional responsibility for maintenance or repair of Library's EV charging stations. G. Responsibility for Loss or Damage. Eagle County accept responsibility for, and will replace any trees lost within a one-year period if the tree loss occurred as direct result of the Installation Project. Replacement trees may not be of the same size or maturity as existing trees, but will be replaced with similar type and variety as existing before the Installation Project. Other than as expressly provided herein, Eagle County disclaims any other responsibility for damage that may occur during, or as a result of, the Installation Project. C21-269 DocuSign Envelope ID: ODD56A61-EE24-4E4B-9B10-4EA2BACA8BC9 2. NOTICE Any notice provided for herein shall be given in writing to the addressed as follows: THE COUNTY: Eagle County Facilities Department P.O. Box 850 Eagle, Colorado 81631 (970) 328-8889 Phone Jan.miller@eaglecounty.us With a copy to: Eagle County Attorney P.O. Box 850 Eagle, CO 81631 970-328-8685 Phone THE LIBRARY: Linda Tillis, Director Eagle Valley Library District 600 Broadway Eagle CO 81631 3. GENERAL PROVISIONS A. The parties of this Agreement intend that the relationship of the County to the Library is that of cooperating governmental entities pursuant to C.R.S. § 29-1-201, et. seq., and Article XIV, Section 18 of the Colorado Constitution. No officer, agent, employee or volunteer of, or contractor for the County shall be deemed to be an agent, employee or volunteer of or contractor for the Library. Likewise, no officer, agent, employee or volunteer of the Library shall be deemed to be an agent, employee or volunteer for the County. B. This Agreement shall be binding upon and inure to the benefit of the County and Library their respective heirs, legal representatives, executors, administrators, successors and assigns; provided, however, that neither party may assign nor delegate any of its rights or obligation hereunder without first obtaining the written consent of the other party. C. The validity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provisions were omitted. D. The County shall and shall require its contractors working on the project described herein to comply with all applicable local, state and federal laws, resolutions, and codes. C21-269 DocuSign Envelope ID: ODD56A61-EE24-4E4B-9B10-4EA2BACA8BC9 E. The law of the State of Colorado shall be applied in the interpretation, execution and enforcement of this Agreement. Venue for any action arising out of any dispute pertaining to this Agreement shall be exclusive in Eagle County, Colorado F. This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein G. 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. H. 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. 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 or both Parties within the meaning of any constitutional or statutory debt limitation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Each party, by signature below of its authorized representative, hereby acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms and conditions. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: DocuSigned by: DocuSigned by: By: inn a ' V'iU& By: Regina O' 6zFz468g6440... Matt Scherr, g2D718E0473... Clerk to the Board of County Commissioners EAGLE VALLEY LIBRARY DISTRICT DocuSigned by: By: Linda Tills ,,E6ee�40B... C21-269 St E 6th St E 61h St E 6th St E 6th St E 61h St E 6th Sl An Pij 'i Qedicat�d Power r fI Supply Transformer Library Owned Stations County Awned Stations in for EV Charging In Library designated parting area County designated parlang. area r C 4m Eagle Valley Awe t _ f !_ . t f t