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City Council Agenda and Packet 2023 12 05
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City Council Agenda and Packet 2023 12 05
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6/25/2024 2:35:55 PM
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City Council Records
Meeting Date
12/5/2023
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City Council Packet
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9E1
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2. Costs. <br />Louisville shall be responsible for payment to Lucity for all costs of services and shall, upon receipt of <br />invoices from Lucity, bill the other governmental entities based upon the following shared percentage <br />costs: Louisville (78%) and Estes Park (22%). The parties individually, or with one other, may purchase <br />a bundle of services on the condition that, prior to committing to such expense, the parties, with the <br />approval of Louisville, first determine how the cost shall be apportioned among the parties. Payment <br />shall be due in full to Louisville within thirty (30) days of the invoicing date. <br />3. Liability and Immunity. <br />Without waiving the privileges and immunities conferred by the Colorado Governmental Immunity Act, <br />Section 24-10-10I et seq., C.R.S., each party shall be responsible for any claims, demands or suits arising <br />out of its own negligence. It is specifically understood and agreed that nothing contained in this <br />paragraph or elsewhere in this Agreement shall be construed as an expressed or implied waiver by any <br />party of the rights, immunities, protections, and limitations afforded the parties by the Colorado <br />Governmental Immunity Act, C.R.S. §24-10-101 et seq., as same may be amended from time to time. <br />4. Non -Appropriation. <br />Because this Agreement may extend beyond the current fiscal year, the parties understand and intend that <br />the obligation of the parties to pay any costs hereunder constitutes a current expense of the parties payable <br />exclusively from the parties' funds and shall not in any way be construed to be a general obligation of <br />indebtedness of the parties, within the meaning of any provision of Article XI of the Colorado <br />Constitution, or any other constitutional or statutory indebtedness. None of the parties has pledged the <br />full faith and credit of the state, or the parties, to the payment of the charges hereunder, and this <br />Agreement shall not directly or contingently obligate the parties to apply money from, or levy, or pledge <br />any form of taxation to the payment of any costs. Notwithstanding anything in this Agreement to the <br />contrary, in the event of non -appropriation relative to this Agreement, the ELA, or both, this Agreement <br />shall terminate effective December 31 of the then -current fiscal year. <br />Notices. <br />Any notices, bills, invoices, or other documents required by this Agreement shall be sufficiently delivered <br />if sent by the parties in the United States mail, postage prepaid, or by email to the parties at the following <br />addresses: <br />Citv of Louisville <br />Town of Estes Park <br />749 Main Street <br />PO Box 1200 <br />Louisville, CO 80027 <br />Estes Park, CO 80517 <br />Attn: Kurt Kowar (kurtk@louisvilleco.gov) <br />Attn: Reuben Bergsten (rergsten@estes.org) <br />6. Default. <br />In the event any party fails to make any payment required by Louisville, or perform any other covenant of <br />this Agreement, such party shall be provided written notice that its participation in this Agreement will be <br />terminated unless cured within thirty (30) days of the notice of default. Unless termination is due to non - <br />appropriation of funds, termination shall not relieve the defaulting party of any financial obligations that <br />were due prior to the default and such obligation shall be subject to all costs of collection including <br />reasonable attorney fees. <br />2 <br />29 <br />
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