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INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CO>3NTY OF EAGLE, STATE OF COLORADO
AND
THE CITY OF LEADVILLE, STATE OF COLORADO
ENT
�- day
yfof-N\26A Tz�R1dM200AL Y and between
rthe Cou made nand
of Eagle, statehis of
Colorado, a hod corporata and politic, acting by and through the Eagle County
Regional Transportation Authority (hereinafter referred to as TCO'), and the City of
Leadville, a Colorado municipality, acting by and through its City Council (hereinafter
referred to as "City").
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, ECO and City enter into this Agreement under the authority of local
governments of the State of Colorado to contract with one another. C.R.S. § 29-1-201,
at seq., Article XIV, Section 13 of the Colorado Constitution; and
WHEREAS, ECO and City desires to provide mass transportation for their
residents between the County of Eagle and the City of I_eadville; and
WHEREAS, the cooperation of ECO and City in providing and accommodating
Such transportation will mutually benefit the residents and taxpayers of both entities;
,and
WHEREAS, ECO and City each represent to the other by their execution of this
Agreement that each has taken all actions required to enter into this Agreement;
NOW, THEREFORE, for and in consideration of the mutual promises and other
consideration contained herein, the adequacy of which is hereby acknowledged, the
parties agree as follows:
1• Passenger Elus Service, ECO shall provide passenger bus service
between Eagle County and Leadville, Transportation shall be provided from locations
and times of ECO's choice within the County limits to bus embarkation/debarkation
points at within the City. ECO agrees that no passenger drop off or pick up will be
performed-' > within the City except at points designated by City for such purposes,
ECO may charge such fees :`or such passenger transportation services as it deems
WK07426W 13573.02
reasonable, which fees stiall belong solely to ECO. Americans with Disabilities
accommodations on buses shalt be the responsibility of ECO. City understands and
acknowledges that bus service will be provided through the Eagle County Regional
Transportation Authority,
�� 2• EnforcemontofRig�, This Agreement shall not be construed to
c
.ste a duty as a matter of %w or contract for the provision of bus service. This
Agreement shall not be construed i� create a duty as a matter of law or contract for any
of the parties to assume any liability for injury, property damage, or any other damage
that may occur by any action or non -action taken or service provided to the public or
any person as a result of this Agreement.
3. Relationship of the parties, By executing this Agreement no party
shah be deemed to assuma any liability for intentional or negligent acts, errors, or
omissions of another party or any officer or employee thereof. No agent, employee or
volunteer of any party hereto shall be deemed an agent, employee or volunteer of any
other party under this Agreement. Nothing herein is intended to or waives the any
party s immunities at law, including provisions of thw Governmental Immunity Act,
4. A ro riat-ions Required, The parties hereto agree that this
Agreement is contingent t.Ip011 all funds necessary for the performance of this
Agreement being budgeted, appropriated and otherwise made available. It is expressly
understood that any tinanciril obligations that may arise hereunder, whether direct or
contingent, shall only extend to payment of monies duly and lawfully appropriated by the
governing body of either party. Should any of the parties fail to undertake the project
because necessary funds have not been budgeted or duly appropriated, this Agreement
may be terminated by either Marty.
5• . Otices. A ty notice$, demands or other communications required or
permitted to be given hereunder shall be given in writing, delivered personally or sent by
first class mail, postage prepaid, addressed to the parties at the addresses set forth
below or at such other address Gas either party may hereafter designate by written notice
to the other party given in accordance herewith.
County: Director
Eagle County Regional Transportation Authority
p. C. Box 1070
Gypsum, CO 81637
Telephone: 970-328-3520
City: Cityy. of Leadville
800 Harrison Avenue
Leadville, Colorado 80481
Telephone: 719-,486-0349
Notice will be deemed given on the date of delivery or three business days
after deposit in a U. S. postal Service depository.
_CM%57-'-241413573, 32 ��^
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s. Severabilittt. it is understood and agreed by the Parties hereto that if
any part, term or provision of this Agreement is held by a court of competent jurisdiction
to be illegal or in conflict with any federal laws or any law of the State of Colorado, the
validity of the remaining portions or provisions shall not be affected, and the rights and
obligations of the Parties shall be construed and enforced as if the Agreement did not
contain the particular part, term or provisions held to be invalid,
7. No Third teat Beneficiaries.,. Nothing in this Agreement is intended
to create or grant to any third party or person any right or claim for damages or the right
to bring or maintain any action at law, nor does any party waive its immunities at law,
Including immunity granted under the Colorado Governmental Immunity Act.
8. Inte ration, This Agreement is intended as the complete integration
of all understandings between the parties and constitutes the entire Agreement between
the parties hereto. No prior or contemporaneous addition, deletion or other amendment
shall have any force of effect, unless embodied herein In writing,
9. L.pI�:+ern. The parties agree and acknowledge that the activities
contained in this Agreement are matters of local concern only, and that the parties have
mutually joined together for their performance of the matters of local concern, and that
nothing in this Agreement shall be construed as making any of the local concerns
covered herein matters of mired concern or statewide concern.
10. Terminatiaia. This Agreement may be terminated by any party, with or
without cause, upon 10-days notice given by the terminating party.
11 • .Mad-N.catiQ 0. Modification or waiver of this Agreement or of any
covenant, oondition, or prov"slon herein contained shall not be valid unless in writing
and duly executed by the parties herein.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
dote first above written,
ATTEST:
Clerk to the Board of
County Commissioners
ATTEs"r:
i_C M-W-420\413573.02
e' '"F COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its 130ARD
* OF COUNTY COMMISSIONERS
CO4ORA90
By:
Michael L. Gallagher, airman
CiTY OF LEADViLLE, COLORADO
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By:
,-C' , 0" 4�-
Eva Ann Fenske, City Ciork
LCiUP-5571201A13573 02 _��
By: VV I ' dw
Chet Gaede, Mayor
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CITY OF LEADVILLE, COLORADO
RESOLUTION NO.
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND
BETWEEN THE CITY OF LEADVILLE AND EAGLE COUNTY FOR THE PROVISION
OF BUS SERVICE
WHEREAS, the City of Leadville has the authority to enter into contracts and to
specifically enter into intergovernmental agreements pursuant to C.R.S. § 29-1-203;
and
WHEREAS, the City desires to cooperate with Eagle County in the provision of
bus service to serve Leadville residents; and
WHEREAS, the City desires to approve the attached intergovernmental
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LEADVILLE, THAT:
Section 1. The attached Intergovernmental Agreement is hereby approved by
the City Council. The Mayor is hereby authorized to execute the Intergovernmental
Agreement and the City Clerk authorized to attest such execution.
ADOPTED THIS 161h DAY OF JULY, 2002.
CITY OF LEADVILLE, C LORADO
By: 'i'do 'y
ISM -
Chet Gaede, Mayor
ATTEST:
Eva Ann Fenske, City Clerk
LCM\57420\415903.01