HomeMy WebLinkAboutC02-224 City of Leadvillee,O-Az - Z_2:4-1 d 0-3 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 ��^ lwm� 1qn� 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 -3- By: ,-C' , 0" 4�- Eva Ann Fenske, City Ciork LCiUP-5571201A13573 02 _�� By: VV I ' dw Chet Gaede, Mayor It Ori¢Inals to• 1. Con ract B ok► z. - t 14 Ll- 3. ^�., ' cc- 4. Copies to: I. Accounting 2. — 3. �1 \ W / 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