IGA; City of Lafayette; bus ownership; no end date
INTERGOVERNMENTAL AGREEMENT FOR
Bus ownership, operation, and maintenance between
the City of Lafayette and the City of Boulder
This Intergovernmental Agreement ("Agreement") made by and between the City of
Boulder, a Colorado Home Rule Municipal Corporation ("Boulder") and the City of
Lafayette, a Colorado Home Rule Municipal Corporation ("Lafayette"), is made to be
effective on the 5th day of May, 2009.
RECITALS
A. Intergovernmental agreements by and between political subdivisions of the State
of Colorado to provide for lawful functions, services, or facilities, including the sharing
of costs of such functions, services, or facilities, are specifically authorized by Section
29-1-203, C.R.S.; and
B. Section 29-1-205 C.R.S, provides that on or before February 1 of each year, each
political subdivision shall file with the division of local government an updated
informational list of all contracts in effect with other political subdivisions, containing the
names of the contracting political subdivisions, the nature of the contract, and the
expiration date thereof;
C. The parties hereto are each authorized to and do lawfully provide, maintain, and
operate senior services programs and related equipment; and
D. The parties wish to share the cost of purchasing, maintaining, and operating a new
29+1-passenger bus (hereinafter "Bus"); and
E. Lafayette and Boulder wish to enter into an agreement addressing the terms of
purchase, ownership, operation and maintenance of the Bus, and to provide for the
sharing of costs, obligations, and liabilities arising out of the parties' use of the Bus.
AGREEMENT
In consideration of the mutual covenants and promises of the parties contained
herein, and other valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties agree as follows:
1. Joint Selection of Vendor: Boulder and Lafayette will determine jointly
the specifications of the Bus, the terms of the Request for Bid, and to select the vendor
whose bid best meets or exceeds the terms of the bid.
2. Agreement to Deposit Purchase Funds: Subsequent to the selection and
approval of the vendor and prior to the execution of the purchase order, Boulder will
deposit $8,800 and Lafayette shall deposit $2,200, with Boulder's purchasing division for
OFFICIAL CENTRAL RECORDS COPY
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the $11,000 down payment on the Bus. At least 30 days in advance of the anticipated
delivery date given by the vendor, Boulder shall deposit $79,210.00 and Lafayette shall
deposit $19,802.00 with Boulder's purchasing division the balance of their respective
share of the purchase price. For purposes of this Agreement, Boulder's share in the Bus
shall be 80% and Lafayette's share shall be 20%.
3. Boulder's Responsibilities: Boulder shall initiate the purchase order, pay
the required deposit and the balance of the purchase price upon delivery, and take all
steps necessary to license and equip the bus for legal and safe operation.
4. Joint Title and Licensing: Boulder and Lafayette shall jointly license and
hold title to the Bus. Each party shall have equity in the value of the Bus proportionate to
their actual contribution to the actual purchase price of the Bus.
5. Insurance: Boulder and Lafayette shall jointly purchase a vehicle property
and liability insurance policy for the Bus with $3,000,000 coverage and a deductible
amount agreed upon by the parties when they purchase the policy. The cost of the
insurance shall be shared proportionate to each party's actual contribution to the actual
purchase price. Boulder and Lafayette shall both be named insureds on the Bus insurance
policy. In the event of an insurance claim requiring payment of the deductible when the
Bus is being used for an event, the City sponsoring the event shall pay the deductible. In
the event of an insurance claim requiring payment of the deductible when the Bus is not
being used for an event, the deductible amount shall be shared proportionate to each
party's actual contribution to the actual purchase price. In the event of final
determination of liability in excess of $3,000,000 by a court of competent jurisdiction, the
responsible party shall pay the amount over that covered by the insurance policy. In the
event such determination of liability is for an incident occurring when the Bus is not
being used for an event, the amount over that covered by insurance shall be shared
proportionate to each party's actual contribution to the actual purchase price.
6. Use of Bus by Parties to Agreement Only: The parties agree that that they
will not allow the Bus to be used, rented or leased by others, and that it will only be used
for the transportation of those participating in the programs of City of Boulder and City
of Lafayette, unless approved in writing, by both parties, in advance of the excepted use.
7. No Out-of-State Use of Bus Without Written Agreement: The Bus shall
not be taken outside of the State of Colorado without the prior written agreement of both
parties. Prior to any travel out-of-state, the Party driving the Bus outside of Colorado
shall obtain, at its expense, a rider to the insurance policy for the entire time that the Bus
is outside of Colorado.
8. Employment of Driver(s) of Bus: Each party shall obtain the driver(s) for
their respective use of the Bus. All drivers of the bus must be qualified drivers who hold
a valid Colorado Commercial Driver's License. Each City will be responsible for
requiring its drivers to comply with all applicable U.S. Department of Transportation
Regulations, and shall be responsible for the worker's compensation coverage of its
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drivers, if applicable. Each driver shall take a defensive driving class every three years.
Each City shall maintain a driver's qualification file with verification of all required
qualifications for each person the City allows to drive the Bus. The Bus will be operated
in accordance with the instructions in the Bus's original instruction and maintenance
manual, and pursuant to directions given by Boulder's Division of Fleet Services,
Department of Public Works.
9. Scheduling Use of the Bus: Boulder will coordinate scheduling of the use
of the Bus by both parties. The parties agree to submit requests to schedule use of the
Bus per the request form in Appendix A to this Agreement in time for each to publish
their respective schedules. The parties each print a schedule of the bus trips offered for
their respective publications three months prior to the first day of each quarterly
publication. Each party shall submit its request no later than December 1 for March-May;
March 1 for June-August; June 1 for September-November and September 1 for
December- February each year. In the event either party does not schedule its
proportionate share of usage in any given quarter by the deadline set forth herein, the
other party may schedule use above its proportionate share for that quarter after 7 days
written notification has been given to the other party.
10. Waivers: Each party shall require that any person riding the Bus sign a
waiver in the form provided in Appendix C.
11. Logbook: The parties will jointly maintain a logbook within the Bus cab
at all times. A completed log record (sample in Appendix B) will be entered into the
logbook by the driver of the bus on a per event basis.
12. Routine Maintenance: Boulder will perform the necessary routine
maintenance which includes:
• Air Filter: changed when dirty
• Air compressor filter: changed when dirty
• Oil/filters: every service
• Fuel filters: every 3rd service
• Hydro filters: every 3rd service
• Coolant filter/additive: every year
• Air dryer cartridge: every 2°d year
• Inside trans filter: 25,000 miles
• Outside trans filter: 15` 5k, then 25,000 miles
• World trans filter: 0 5k, then 25, 000 miles
• Grease vehicle: Every service
(except sealed joints) TD-66
The cost of routine maintenance shall be apportioned between the parties on a percent-of-
use basis, which shall be derived by comparing the total mileage of trips for each party
during the period over which the maintenance is attributable. Boulder will pay the up-
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front cost of such routine maintenance, and invoice Lafayette for Lafayette's percent-of-
use share.
13. Maior Repairs and Maintenance: Boulder will perform the necessary
scheduled maintenance as prescribed in the operations and maintenance manual for the
Bus. Scheduled maintenance, and major repairs and maintenance that result from normal
day-to-day use shall be shared proportionate to each party's contribution to the actual
purchase price of the Bus.
14. Intentional Misuse or Negligence: Any repairs that are the result of
misuse of the Bus or its equipment, or negligence, shall be the sole responsibility of the
party causing the damage, which amount shall be capped at no more than the replacement
cost of the Bus of a similar type and condition.
15. Fuel Expenses: Each party shall be responsible for the cost of fuel during
the parties' respective use. The fuel tank shall be filled at the conclusion of each use
period.
16. Billing and Payment: Boulder will invoice Lafayette within 10 days of the
close of each month for its proportionate share of operating and maintenance costs, and
that Lafayette shall reimburse Boulder by the last day of the same month. Boulder shall
maintain documentation for each invoice, which Lafayette may inspect at any time during
normal business hours upon notice to Boulder.
17. Financial Obligations of the Parties: All financial obligations of the
Parties under this Agreement are subject to annual appropriation, budgeting and
availability of funds to discharge such obligations. Nothing in this Agreement shall be
deemed to pledge either party's credit or faith, directly or indirectly, to the other party. If
funds are not appropriated, the parties shall end the joint ownership of the bus as set forth
in the termination provisions herein.
18. Costs Incurred in Performance: Each party shall, at all times, be
responsible for its own costs incurred in the performance of this Agreement.
19. Severability: If any part, term or provision of this Agreement is held by
the courts to be illegal or in conflict with 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 provision held to be invalid.
20. Governing Law and Venue: Each and every term, provision, or condition
herein is subject to and shall be construed in accordance with the provisions of Colorado
law, the Charters of the various parties, and the ordinances and regulations enacted
pursuant thereto. Venue shall lie in the County of Boulder.
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21. Assignability: This Agreement shall be binding upon the successors and
assigns of each of the parties hereto, except that no party may assign any of its rights or
obligations hereunder, without the prior written consent of the other parties.
22. No Third-Party Beneficiaries: It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the named parties hereto, and
nothing contained in this Agreement shall give or allow any such claim or right of action
by any other or third person on such Agreement. It is the express intention of the named
parties that any person other than the named parties receiving services or benefits under
this Agreement shall be deemed to be an incidental beneficiary only.
23. Termination: Either party hereto may terminate this Agreement with or
without cause upon three months prior written notice to each of the others. If notice is
provided, then the parties will negotiate to sever their joint ownership of the Bus by a sale
to the other for an agreed upon price, and if no such agreement can be reached, then the
parties will sell the Bus for fair market value to a third party and split the proceeds after
payment of the cost of the sale based on the relative percentage of ownership as set forth
in Paragraph 4 above.
24. Agreement Full Incorporated Herein: This Agreement, including all
exhibits and appendices, supersedes any and all prior written or oral agreements, and
there are no covenants, conditions or agreements between the parties except as set forth
herein. No prior or contemporaneous addition, deletion, or other amendment hereto shall
have any force or affect whatsoever unless embodied herein in writing. No subsequent
novation, renewal, addition, deletion or other amendment hereto shall have any force or
effect unless embodied in a written contract executed by the respective parties.
25. Notices: Any notice required or permitted by this Agreement may be
delivered in person or sent by registered or certified mail, return receipt requested, to the
party at the address as hereinafter provided, and if sent by mail it shall be effective when
posted in the U.S. Mail Depository with sufficient postage attached thereto:
City of Lafayette:
City of Lafayette
Attn: City Administrator
1290 S. Public Road
Lafayette, CO 80026
City of Boulder:
City of Boulder
Attn: John Riggle
P.O. Box 791
Boulder, CO 80306
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26. Costs and Attorney's Fees: If there is litigation between the parties to
enforce this Agreement, the prevailing party in such litigation shall be entitled to an
award of its costs and attorney's fees.
27. No Waiver of Immunity: Neither Party waives any application of the rights,
immunities, protections or limitations afforded each in accordance with the Colorado
Governmental Immunity Act, C.R.S. 24-10-101, et seq. as amended from time to time, or
as otherwise available by law or equity. This Agreement may be executed in
counterparts, each of which shall be deemed to be an original of this Agreement.
NESS WHERE the parties hereto have executed this Agreement of
2009.
this MIT day of
IIMS4
CITY OF BOULDER
~j
Jane S. Brautigam, City M ger
ATTEST:
Citon beha f of the
Director of Finance and Record
APPROVED AS TO FORM:
It~ttomev f fice
CITY OF LAFAYETTE
BY:
Gary Klaphake, City Administrator
ATTEST
Susan Koster CMC, City Clerk
APPROVED AS TO FORM
David S. Williamson, City Attorney
K:ASSCAAIGA re Bus-515.doc
24. Costs and Attorney's Fees: If there is litigation between the parties to
enforce this Agreement, the prevailing party in such litigation shall be entitled to an
award of its costs and attorney's fees.
25. No Waiver of Immuniri: Neither Party waives any application of the rights,
immunities, protections or limitations afforded each in accordance with the Colorado
Governmental Immunity Act, C.R.S. 24-10-101, et seq. as amended from time to time, or as
otherwise available by law or equity. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of
this day of 2009.
CITY OF BOULDER
Jane S. Brautigam, City Manager
ATTEST:
City Clerk on behalf of the
Director of Finance and Record
APPROVED AS TO FORM:
City Attorney's Office
CITY OF LAFAYETTE /
BY: V
Gary Klaphak City dr inistrat (r*,YF7T
~l .
ATTEST
appAE RULE
Susan Koster CMC, City Cler ~o• gPRIL 1,
G~FR ~OUN'n
APPR ED AS TO FORM
David S. Williamson, City Attorney
C:\Users\susanba\AppData\Loca)\MicrosoftlWindows\Temporary Intemet Files\Content.Outlook\4F9Z3XMVUGA re
Bus-515 (2) 042909.doc AGENDA ITEM # _ PAGE (o
Appendix A
Senior Services Bus Request
Date of Bus Usage: Number of Passengers
Hours of Pick up and Drop off (Another hour will be
additionally required at the beginning and end of trip for pre/post bus checks).
Special Needs (incl. wheelchair)
Complete Itinerary for Bus Driver of pick up and drop off sites with anticipated times and
addresses:
Please attach a map or mapquest for the driver.
There is a minimum of 4 hours usage - which includes 1 hour pre trip & 1 hour post trip
inspection.
Date of request
Person making request
Contact person and phone # to be reached on day of trip:
This portion to be filled out by Program Coordinator and a copy returned to person
requesting bus.
Request filled on
Estimated Cost that has been quoted:
OCA Senior Center to be billed
Charges:
1. Gallons used x current rate per gallon = $
2. Driver's compensation x no. of hours = $
3. Driver's meals/admission charges $
4. Replacement Fund: $2. per participant $
5. Fleet Services $1. per participant $
(adjusted based on monthly billing)
Total Cost $
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APPENDIX B
City of Boulder/ Senior Services
Bus Driver's Pre/Post Trip Inspection Report
Checking Unit
Pre / Post Check Box
0 0 General Condition
0 0 Body Damage
0 0 Leaks: Water, Fuel, Oil, Hydraulic/ Oil
0 0 Check Oil, Coolant, Fuel, All Fluid Levels
0 0 Lights and Reflectors
0 0 Brakes, Hoses
0 0 Tires, Rims, Lugs/ Studs
0 0 Tire Pressure (Front) Pre (L) `(R)te Post (L)_(R)_
0 0 (Rear) Pre (L) (R)
0 0 Frame, Springs, Suspension
0 0 Windshield, Windows, Mirrors
0 0 Emission/ License Plates
0 0 Other
Check In Cab/Start Engine
Pre / Post Check Box
0 0 Gauges For Normal Readings
0 0 Warning Lights
0 0 Windshield Wipers/Fluid
0 0 Horn/Back -up Alarm
0 0 Heater and Defroster
0 0 Steering (excessive Play)
0 0 Transmission Controls
0 0 Seat Belts/ Jumper cables
0 0 Registration/ Proof of Insurance
0 0 Annual Inspection/ Post Trip Inspection
0 0 Interior Condition
0 0 Items Left on Bus
Safety Emergency Equipment
Pre / Post Check Box
0 0 Fire Extinguisher, Warning Devices, 1 st Aid Kit, Flash light
0 0 Brake Tests/ Services & Parking
0 0 Air / Exhaust Leaks
0 0 Lift Operation, Manual handle
Unit # Date of Trip / Trip
Driver / Hours
Date: Pre Miles
Date: Post Miles
Refuel at end of Shift: # of gal. Pump #
Trip Comments:
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When items are defective, please report immediately to Senior Services/ 303-441-
3915 and Fleet Services.
Return original to Program Coordinator / leave copy on clipboard for next driver.
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APPENDIX C
Joint Waiver Form
Boulder/Lafayette Senior Services 2009 Day Trip
Program
Acknowledgement of risks: By registering for the above identified program(s), registrant
acknowledges that the activities carried on in these programs carry certain risks for the participant.
These risks may include, but are not limited to, heart attack, stroke, circulatory problems, bone &
joint injury, back injury, muscle strain & other muscle injuries, foot problems, head, neck & spinal
injuries, altitude sickness, and heat stroke & heat exhaustion. Registrant has independently reviewed
and evaluated the risks and determined to engage in the programs with full knowledge and
acceptance of the risks. The registrant, for the registrant, his/her heirs, executors and administrators,
agrees to and does hereby waive, release and forever discharge the City of Boulder, Boulder Senior
Services, the City of Lafayette and their officers, employees, representatives, agents and volunteers
from any and all liability for damages, loss, or personal injury arising out of or related to registrant's
participation in the above programs and activities. Participants may be photographed while on this
trip, utilizing the facility, or participating in the City of Boulder's or the City of Lafayette's programs
and said photographs, or likeness of participant, may be used as the cities deems appropriate.
Participant will make no monetary or other claim against either City concerning the photograph(s).
Participant is aware of the activity level that is required of these programs and participants believe
that participant is physically fit enough to participate.
Printed Name Signature Date Emergency contact
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
AGENDA ITEM # 313 PAGE