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HomeMy WebLinkAboutC22-066 Town of Eagle IGA1 12/22/2021 C:\USERS\TRACY.STOWELL\DESKTOP\TOE POLICE VEHICLES IGA-2022.DOCX INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND TOWN OF EAGLE FOR VEHICLE MAINTENANCE THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into as this _______________________ (the "Effective Date") by and between the Town of Eagle, a Colorado home rule municipality with an address of P.O. Box 609, Eagle, CO 81631 (the "Town"), and the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (the "County") (each a "Party" and collectively the "Parties"). WHEREAS, the Town utilized a local mechanic for maintenance of the Town's fleet vehicles until their recent retirement, and now wishes to use the Eagle County Fleet Management's services for such maintenance; and WHEREAS, the Parties are authorized to enter into this Agreement by Article XIV, § 18 of the Colorado Constitution and C.R.S. § 29-1-203, which allow governments to cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and sufficient consideration, the Parties agree as follows: 1. Purpose. The purpose of this Agreement is to provide for the maintenance of Town police department vehicles by the County. 2. Services. The County, through Eagle County Fleet Management, agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the service or work described in Exhibit A. 3. Term. This Agreement shall commence upon the Effective Date and shall continue until terminated. 4. Termination. This Agreement may be terminated by either Party, with or without cause upon 30 days' prior written notice to the other party. The County shall be entitled to compensation for services performed prior to such termination, and both Parties shall thereafter be relieved of all duties and obligations under this Agreement. 5. Hold Harmless. The Town shall hold the County harmless for any claims from third parties arising out of the County's maintenance of the Town's vehicles. 6. Miscellaneous. a. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. DocuSign Envelope ID: 3B437D8A-6AEF-499F-83E7-C7638D88EF36 2/8/2022 2 12/22/2021 C:\USERS\TRACY.STOWELL\DESKTOP\TOE POLICE VEHICLES IGA-2022.DOCX b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. c. Integration. This Agreement and any attached exhibits constitute the entire Agreement between the Parties, superseding all prior oral or written communications. d. Third Parties. There are no intended third-party beneficiaries to this Agreement. e. Notice. Any notice under this Agreement shall be in writing and shall be deemed sufficient when directly presented or sent prepaid, first-class United States Mail to the Party at the address set forth on the first page of this Agreement. f. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. g. Modification. This Agreement may only be modified upon written agreement of the Parties. h. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. i. Governmental Immunity. The Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. j. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year are subject to annual appropriation, and thus any obligations of the Town hereunder shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement or liability beyond the current fiscal year. DocuSign Envelope ID: 3B437D8A-6AEF-499F-83E7-C7638D88EF36 3 12/22/2021 C:\USERS\TRACY.STOWELL\DESKTOP\TOE POLICE VEHICLES IGA-2022.DOCX IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF EAGLE, COLORADO ____________________________________ Scott Turnipseed, Mayor ATTEST: __________________________________ Jenny Rakow, Town Clerk EAGLE COUNTY, COLORADO ____________________________________ Chair, Board of County Commissioners ATTEST: __________________________________ County Clerk DocuSign Envelope ID: 3B437D8A-6AEF-499F-83E7-C7638D88EF36 4 12/22/2021 C:\USERS\TRACY.STOWELL\DESKTOP\TOE POLICE VEHICLES IGA-2022.DOCX EXHIBIT A 1. Rate. The Town agrees to pay the County a rate of $110.00 an hour for mechanic's time performing maintenance services. 2. Payment. The County shall bill payment on the first of every month. Payment is due from the Town by the 30th of the same month. 3. Scope of Maintenance Services. The County shall be responsible for routine maintenance of Town police vehicles, including without limitation regular oil changes, proper tire inflation, engine operation, transmission, air conditioning and any other repairs or major components necessary for the safe operation of police vehicles. DocuSign Envelope ID: 3B437D8A-6AEF-499F-83E7-C7638D88EF36