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HomeMy WebLinkAboutC24-486 IGA_Roaring Fork Fire Rescue - Fuel purchase 1 INTERGOVERNMENTAL AGREEMENT BETWEEN ROARING FORK FIRE RESCUE AND THE COUNTY OF EAGLE, STATE OF COLORADO FOR FUEL PURCHASES THIS INTERGOVERNMENTAL AGREEMENT made and entered into on ____________, by and between the Roaring Fork Fire Rescue (hereinafter referred to as the “Roaring Fork Fire Rescue”), and the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the “County”). WITNESSETH: WHEREAS, Roaring Fork Fire Rescue desires assistance from County to provide fuel services; and WHEREAS, County has the ability to provide fuel services, and has the capacity to assist Roaring Fork Fire Rescue; and WHEREAS, County and Roaring Fork Fire Rescue intend this Agreement to set forth the scope of the responsibilities of the parties. AGREEMENT NOW, THEREFORE, for good and valuable consideration and in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree as follows: 1. SCOPE OF SERVICES: The County does hereby agree to provide fuel services for Roaring Fork Fire Rescue to be charged at the rate of current cost to the County plus $.19 cents mark-up per gallon. 2. PERIOD OF AGREEMENT: A. The initial term of this Agreement shall commence on the first day of January, 2025 and shall end on December 31, 2025. This Agreement shall automatically be renewed and extended for an additional one-year term commencing on January 1, 2026, unless earlier terminated in accordance with the provisions of this Agreement. B. This Agreement may be terminated by either party for any reason, with or without cause, and without penalty upon thirty (30) days written notice. In the event of termination, County shall be compensated for all incurred costs completed through the date of termination. This contract shall be reviewed by County at regular intervals with regard to fair compensation. Docusign Envelope ID: E114A5C6-DD41-42C0-A0A2-6C7A5584624C 12/17/2024 2 3. REMUNERATION: A. Roaring Fork Fire Rescue agrees to pay the County for fuel services at a rate of current cost to the County plus $.19 cents mark-up per gallon purchased. This Agreement shall be reviewed periodically by County with regard to fair compensation. Such rates are subject to amendment and modification by mutual agreement of the parties upon each renewal period or at a time otherwise agreed to in writing by the parties. B. The County shall bill Roaring Fork Fire Rescue for fuel services provided, on monthly. The County will provide with the monthly invoice a summary billing report for fuel purchased. Fuel cost will be determined by the current cost of fuel, plus a mark-up of $.19 per gallon. Payment by Roaring Fork Fire Rescue is due and owing to the County within 30 days of the invoice date. Any payments made by Roaring Fork Fire Rescue to the County must be made out to the Eagle County Fleet Services. 4. INDEMINIFICATION/HOLD HARMLESS: To the extent allowed by laws, Roaring Fork Fire Rescue shall hold the County and its officials, boards, officers, principals and employees harmless for all losses, costs, claims, damages and liabilities, including reasonable attorney’s fees and expenses that County or any of its officials, boards, officers, principals and employees may become subject to, insofar as any such losses, costs, claims, damages or liabilities against the County arise out of this Agreement and County’s fuel service of Roaring Fork Fire Rescue vehicles. 5. MISCELLANEOUS: A. Roaring Fork Fire Rescue recognizes that the County is providing a service for Roaring Fork Fire Rescue. B. All written notices shall be given by certified mail to the following address: Eagle County Fleet Services Roaring Fork Fire Rescue P.O. Box 1705 1089 JW Drive. Gypsum, CO 81637 Carbondale, CO 81623 Attn: Dustin Ehlert Attn: Scott Thompson Fleet Services Manager Chief (970) 328-3543 (970) 340-7040 C. The provisions of this Agreement shall extend to and be binding upon the respective parties hereto, their successors and assigns. Notwithstanding the foregoing, financial obligations of Roaring Fork Fire Rescue and the County, respectively, payable after the current fiscal year, are contingent upon funds for the purposes set forth in this Agreement being appropriated, budgeted and otherwise made available, as and to the extent required by Colorado law. Docusign Envelope ID: E114A5C6-DD41-42C0-A0A2-6C7A5584624C 3 D. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by both parties. E. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by Roaring Fork Fire Rescue or the County other than that contained herein. F. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction; this Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. G. Roaring Fork Fire Rescue has represented to the County and, likewise, the County has represented to Roaring Fork Fire Rescue that it possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto do not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such court determination. H. County and Roaring Fork Fire Rescue each shall maintain insurance and if requested by the other party, shall provide proof thereof. I. Nothing in this Agreement shall be deemed to make either party an employee, partner or representative of the other. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this on ______________. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: _____________________________ Matt Scherr, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board ATTEST: By: __________________________ By: ________________________________ Scott Thompson, Chief ROARING FORK FIRE RESCUE Docusign Envelope ID: E114A5C6-DD41-42C0-A0A2-6C7A5584624C 12/17/2024