03-14-2017 IGA Eagle County School District RE-50JINTERGOVERNMENTAL AGREEMENT
Between
Eagle County School District RE -50J and The Town of Avon
This Intergovernmental Agreement ("Agreement") by and between the Eagle County School
District RE -50J ("District") and the Town of Avon, a Colorado home rule municipality
("Avon"), (individually a "Party" and collectively the "Parties"), is made on March 14, 2017.
WHEREAS, the District is hereby requesting the use and sharing, from Avon, of Avon's transit
bus stops located at: 901, 998 and 1061 West Beaver Creek Blvd., Avon, Colorado
("Bus Stops"); and
WHEREAS, Avon is the local traffic regulatory authority on municipal streets; and
WHEREAS, the District ensures that said Bus Stops are in compliance with C.R.S. § 42-4-
1903(2)(b)(1); and
WHEREAS, the District has scheduled the above listed bus stops so that no students are
crossing the roadway and therefore, the buses' 4 -way hazard lamp system is sufficient as a
warning for passing motorists that the bus is either receiving or discharging students; and
WHEREAS, the use of the 4 -way hazards lamps are sufficient and will not impede local area
traffic; and
WHEREAS, C.R.S. §29-20-101 et seq. enables the Parties to enter into intergovernmental
agreements and authorizes each of the Parties to perform the functions described herein, as
provided in C.R.S. §29-20-105.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. USE OF BUS STOPS. Avon hereby authorizes the District's transportation department to
receive and discharge students at the Bus Stops. The District agrees to comply at all times
with C.R.S. § 42-4-1903(2)(b)(1) and other applicable laws and regulations during the term
of this Agreement.
2. EMERGENCY NOTICE. In case of an emergency, the Parties have provided the
following primary contacts.
Town of Avon Transportation Director
Town of Avon Town Clerk
Post Office Box 975
One Lake Street
Avon, CO 81620
Office 970-7484111
Fax: (970) 949-9139
1GA: Eagle County School District -Town of Avon re: Bus Stops
March 14, 2017
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Sandra Mutchler, Chief Operations Officer
Eagle County Schools
Office: 970-328-2747
Cell: 970-435-5939
Fax: 970-328-1024
E -Mail Address: SANDRA.MUTCHLER@eagleschools.net
3. EMERGENCY INFORMATION. Avon shall safeguard the use of and access to
information regarding any emergency situations involving the District, provided that Avon
shall at all times comply with the Colorado Open Records Act, CRS § 24-72-201 et. seq.
4. TERM AND TERMINATION. This Agreement will be effective as of the effective date
stated above and will continue until terminated. If either Party fails to substantially perform
the duties and obligations set forth in this Agreement, either Party may terminate this
Agreement upon seven (7) days written notice to the other Party, unless that Party cures the
breach within the seven (7) day remedy period. Either Party may terminate this Agreement
without cause upon providing thirty (30) days written notice to the other Party.
5. MODIFICATION. This Agreement contains the entire agreement between the Parties, and
no agreement shall be effective to change, modify, or terminate in whole or in part unless
such agreement is in writing and duly signed by the Party against whom enforcement of such
change, modification, or termination is sought.
6. INTERPRETATION. This Agreement shall be interpreted under applicable Colorado law.
7. LIABILITY. The District, its officers and employees, shall not be deemed to assume any
liability for intentional or negligent acts, errors, or omissions of Avon or of any officer or
employee thereof. Likewise, Avon, its officers and employees, shall not be deemed to
assume any liability for intentional or negligent acts, errors or omissions of the District or by
any officer or employee thereof.
8. NO WAIVER OF GOVERNMENTAL IMMUNITY. Nothing in this Agreement shall be
construed to waive, limit, or otherwise modify any governmental immunity that may be
available by law to the Avon or the District, its officials, employees, contractors, or agents, or
any other person acting on behalf of Avon or the District and, in particular, governmental
immunity afforded or available pursuant to the Colorado Governmental Immunity Act,
C.R.S. § 24-10-101 et seq.
9. NO THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement is intended
to or shall create a contractual relationship with, cause of action in favor of, or claim for
relief for, any third party, including any agent, sub -consultant or sub -contractor of Avon or
District. Absolutely no third party beneficiaries are intended by this Agreement. Any third -
party receiving a benefit from this Agreement is an incidental and unintended beneficiary
only.
1GA: Eagle County School District -Town of Avon re: Bus Stops
March 14, 2017
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EA OOL DISTRICT RE -50J
' �3 •aa •�or�-
Name /Title hi0&e1 Ia �Boa►r Date
ATTEST
Secreta �#
TOWN OF AVON
0600 f&
l�
JeA ie anc er, Mayor Date
ATTEST
2
Debbie Hoppe, Town
AP T
-6
t
Eric J. Hafh4own Attorney
IGA: Eagle County School District -Town of Avon re: Bus Stops
March 14, 2017
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