HomeMy WebLinkAbout2015-14 IGA with Eagle County Granting Trail Maintenance Funds RESOLUTION NO. 14
Series of 2015
A RESOLUTION APPROVING AN INTERGOVERNMENTAL INTERGOVERMENTAL
AGREEMENT (THE "IGA") BETWEEN THE TOWN OF VAIL AND EAGLE COUNTY
(ECO TRAILS DEPARTMENT) CONCERNING A GRANT OF TRAIL MAINTENANCE
FUNDS; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, the Town has made a request to the County for maintenance project
funding to replace the wildlife screen located over the Mud Gulch wildlife underpass located
below the Gore Valley Trail and other trail repairs adjacent to the wildlife screen, in
accordance with the Trail Repair and Safety Grant program managed by the County's ECO
Trails Department;
WHEREAS, the County has reviewed the request and are in favor of awarding the
grant in an amount of$12,858.00; and
WHEREAS, the Council's approval of Resolution No. 1 4 , Series 2015, is
required to enter into the IGA.
NOW THEREFORE, B E IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby approves the IGA and authorizes the Town
Manager to enter into the IGA with the County on behalf of the Town in substantially the
same form as attached hereto as Exhibit A and in a form approved by the Town
Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 2"d day of June, 2015.
Andrew P. Da•'
Town Mayor
ATTEST:
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Resolution No 14,Series of 2015
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE TOWN OF VAIL AND EAGLE COUNTY, COLORADO
CONCERNING A GRANT OF TRAIL MAINTENANCE FUNDS
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into by and
between The Town of Vail, a Colorado municipal corporation (hereinafter "Town") and
Eagle County, a body corporate and politic of the state of Colorado (hereinafter
"County"). Collectively the Town and County shall be referred to as the "Parties".
This Agreement is entered into and is effective on the day of
, 2015.
RECITALS
WHEREAS, C.R.S. 29-20-101et.seq. encourages intergovernmental agreements
through which local governments cooperate and participate in joint projects; and
WHEREAS, the Town and County have been working cooperatively to fund, construct
and manage a phased recreation and transportation public trail systems through
Eagle County known as the Eagle Valley Trail and Gore Valley Trail; and
WHEREAS, County has received a request from the Town for maintenance project
funding to replace the wildlife screen located over the Mud Gulch wildlife underpass
located below the Gore Valley Trail and other trail repairs adjacent to the wildlife
screen (hereinafter "Project") , in accordance with the Trail Repair and Safety Grant
program managed by County's ECO Trails Department (hereinafter "ECO"); and
WHEREAS, the request has been reviewed by the County's advisory boards on trail
system matters, including the Eagle Valley Trails Committee and the Eagle County
Regional Transportation Authority, and said bodies recommend in favor of funding the
request.
AGREEMENT
NOW THEREFORE, in consideration of the mutual rights and obligations as set forth
below, the Parties agree as follows:
1. PROJECT FUNDING
1.1 County, per the recommendation of the Eagle Valley Trails Committee and
ECO Board will contribute up to $12,858.00 to the estimated project cost of
$25,717.00. The funds will be paid from the ECO Trails Department budget.
1.2 In order to receive the funds granted under this Agreement, Contractor will
submit an invoice to County at the completion of the project. Invoices will be
Resolution No. 14,Series of 2015
submitted to ECO Trails, P.O. Box 1070, Gypsum, Colorado 81637. Payment will be
made according to the County's regular bill paying procedure.
1.3 Notwithstanding anything to the contrary contained in this Agreement, County
shall have no obligations under this Agreement after, nor shall any payments be
made to Town in respect of any period after December 31 of any year, without an
appropriation therefor by County in accordance with a budget adopted by the Board
of County Commissioners in compliance with Article 25, title 30 of the Colorado
Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and
the TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
2. SCOPE AND DESCRIPTION OF PROJECT
2.1 The project work will consist of the following components:
a. Replacement of the wildlife screen located over the Mud Gulch wildlife
underpass located below the Gore Valley Trail. The wildlife screen is a
requirement of the State of Colorado permit that allowed the trail
construction on lands owned by the state.
b. Site work related to installation and trail repairs adjacent to the wildlife
screen.
c. The work shall be as otherwise described in the Town's application on file
with the ECO Trails department.
2.2 The section of trail within the Town for which the ECO contribution is being
granted will be constructed to the standards in the Eagle Valley Regional Trails Plan,
as adopted by the Town of Vail in 2001.
3. PROJECT OWNERSHIP AND MANAGEMENT UPON COMPLETION
3.1 Town shall be solely responsible for the design, construction, management
and maintenance of the Project and shall own the Project.
3.2 The section of the Gore Valley Trail for which the contribution is being
requested will be maintained by the Town as follows:
a. Maintenance as required for the wildlife screen
b. Monthly sweeping, March through November
c. Monthly vegetation control including weed removal, mowing, cutting and
trimming
d. Trash removal
e. Repair and replacement of signs, fences, railings, striping, drainage and
other trail features
f. Snowplowing, in season
g. Inspections monthly, or no less than quarterly
4. INDEMNIFICATION, INSURANCE AND GOVERNMENTAL
IMMUNITY
4.1 To the extent permitted by law, each party shall indemnify, defend and
hold harmless the other including its, agents, officers, servants and
Resolution No. 14,Series of 2015
employees of and from any and all loss, costs, damage, injury, liability, claims,
liens demands, action and causes of action whatsoever, including attorney
fees, arising out of or related to its negligent acts or omissions.
4.2 The Town shall provide its own public liability, property damage, and
errors and omissions insurance coverage as County may deem adequate uate and
necessary for any potential liability arising from this Agreement.
4.3 Nothing in this Agreement shall be construed to waive, limit, or
otherwise modify any governmental immunity that may be available by law to
either party, its officials, employees, contractors,' or agents, or any other
person acting on behalf of either party and, in particular, governmental
immunity afforded or available pursuant to the Colorado Governmental
Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
5. TERM AND TERMINATION
5.1 The term of this Agreement shall commence on the date executed by
both parties and shall terminate on December 31, 2015 unless the Agreement
is extended by both parties prior to that end date. Any unexpended funds
may be required to be returned to County as well as any funds not properly
expended according to project objectives.
5.2 If either party fails to substantially perform the duties and obligations in
accordance herewith, the other party may terminate this Agreement upon
seven (7) days written notice to that party, unless that party cures the breach
within the seven (7) day remedy period. Either party may terminate this
Agreement without cause upon thirty (30) days written notice.
5.3 Notwithstanding the foregoing, neither party may terminate this
Agreement with respect the Project as a whole or any phase, if such
termination would cause a violation of the terms of a grant agreement. In the
event of termination, the Parties will pay amounts due and owing for work
satisfactorily performed to the date of termination and will close out grants in
accordance with their terms.
6. MISCELLANEOUS
6.1 Notices. All notices, bills and payments shall be made in writing and
may be given by personal delivery or by mail. Notices, bills, payments sent by
mail should be addressed as follows:
ECO Trails
Attn: Ellie Caryl
P.O. Box 1070
Gypsum, CO 81637
Phone: 970-328-3523
Resolution No. 14,Series of 2015
Town of Vail
Attn: Gregg Barrie
1309 Elkhorn Drive
Vail, CO 81657
Phone: 970-479-2337
6.2 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.
6.3 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 Town or County. Absolutely no third party
beneficiaries are intended by this Agreement.
6.4 No Assignment. Neither party shall assign this Agreement without the
prior written consent of the other. Either party may terminate this Agreement
if the other assigns this Agreement without the prior written consent of the
other.
6.5 Jurisdiction and Venue. This Agreement shall be interpreted in
accordance with the laws of the state of Colorado and the Parties agree to
submit to the jurisdiction of the courts thereof. Venue shall be in the Eagle
County District Court.
6.6 Invalidity. Invalidity or unenforceability of any provision of this
Agreement shall not affect the other provisions hereof, and this Agreement
shall be construed as if such invalid or unenforceable provision was omitted.
6.7 Compliance with Law. Each party shall comply with all applicable
federal, state and local rules, regulations and laws.
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Resolution No. 14,Series of 2015
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IN WITNESS WHEREOF, each party, by signature below of its authorized representative,
hereby acknowledges that it has read this Agreement, understands it and agrees to be bound
by its terms and conditions.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its BOARD
OF COUNTY COMMISSIONERS
By
Kathy Chandler-Henry, Chair
ATTEST:
By
Teak J. Simonton, Clerk to the Board
TOWN OF VAIL:
By
Stan Zemler, Town of Manager
ATTEST:
By
Patty McKenny, Town Clerk
Resolution No. 14,Series of 2015