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Home My WebLink About2017-06 IGA with Eagle County regarding Intermountain Forest HealthRESOLUTION NO. 6 Series of 2017 A RESOLUTION APPROVING AN INTERGORVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND EAGLE COUNTY REGARDING INTERMOUNTAIN FOREST HEALTH 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 Vail Fire and Emergency Services is undertaking the Intermountain Forestry Health Project (the "Project"); WHEREAS, the Project is to reduce fuel loading, improving forest health and protect wildlife habitat in the Intermountain area in and around the town; WHEREAS, Eagle County has agreed to contribute $20,000 towards the Project; and WHEREAS, the Parties desire to enter into this Intergovernmental Agreement to protect West Vail area from wildfire and remove the hazardous material. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Council hereby approves the Intergovernmental Agreement and authorizes the Town Manager to enter into the Intergovernmental Agreement 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. 2016. 2. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 1st day of March, TEST: _ ve Chapi • Mayo tty I Kenny, Tbwn Resolution No. 6, Series of 2017 Page 1 of 6 ()RASO E)HIBIT A INTERMOUNTAIN FOREST AG BETWEEN E THE T EALTH INTERGOVERNMENTAL EEMENT GLE COUNTY AND WN OF VAIL THIS INTERMOUNTAIN FO AGREEMENT (the "Agreement") is m "Effective Date"), by and between EAG the TOWN OF VAIL, COLORADO (t collectively as the "Parties"). EST HEALTH INTERGOVERNMENTAL de and entered into on , (the E COUNTY, COLORADO (the "County"), and e "Town") (each referred to as a "Party" and WHEREAS, Vail Fire and Emergency Services, a department of the Town ("Vail Fire"), is undertaking the Intermountain orestry Health Project (the "Project"); WHEREAS, the purpose of the Iroject is to reduce fuel loading, improve forest health and protect wildlife habitat in the Intermountain area in and around the Town; WHEREAS, the County supports the Town's efforts to expand community protection from wildfire in the west Vaiarea and the Parties pledge to work together to reduce the hazards as much as practical; WHEREAS, the County has agreed to contribute $20,000 towards the Project, and the Parties desire to enter into an agreement with regard to payment of such amount; and WHEREAS, this Agreement is entered into pursuant to the authority of local governments of the state of Colorado t contract with one another. C.R.S. § 29-1-203 and Article XIV, Section 18 of the Colo ado Constitution. AG ' EEMENT NOW, THEREFORE, for and agreements of the Parties and other go sufficiency of which is hereby acknowle in consideration of the mutual promises and d and valuable consideration, the adequacy and ged, the Parties agree as follows: 1. Project Funding. For the Towns Project, the County will contribute a total sum of $20,000.00. In order to r ceive the funds under this Agreement, the Town shall submit an invoice tote County. Invoices shall be submitted to Eagle County Environmental Hea th. Payment will be made according to the County's regular bill paying Procedure. a. Because of the benefits t achieved by this Project, Project. The County's only. Resolution No. 6, Series of 2017 forest health in Eagle County, Colorado that are the County has agreed to provide funding for the participation in the Project is limited to funding Page 2 of 6 EXHIBIT A INTERMOUNTAIN FOREST HEALTH INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND THE TOWN OF VAIL THIS INTERMOUNTAIN FOREST HEALTH INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and entered into on , (the "Effective Date"), by and between EAGLE COUNTY, COLORADO (the "County"), and the TOWN OF VAIL, COLORADO (the "Town") (each referred to as a "Party" and collectively as the "Parties"). RECITALS WHEREAS, Vail Fire and Emergency Services, a department of the Town ("Vail Fire"), is undertaking the Intermountain Forestry Health Project (the "Project"); WHEREAS, the purpose of the Project is to reduce fuel loading, improve forest health and protect wildlife habitat in the Intermountain area in and around the Town; WHEREAS, the County supports the Town's efforts to expand community protection from wildfire in the west Vail area and the Parties pledge to work together to reduce the hazards as much as practical; WHEREAS, the County has agreed to contribute $20,000 towards the Project, and the Parties desire to enter into an agreement with regard to payment of such amount; and WHEREAS, this Agreement is entered into pursuant to the authority of local governments of the state of Colorado to contract with one another. C.R.S. § 29-1-203 and Article XIV, Section 18 of the Colorado Constitution. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual promises and agreements of the Parties and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Project Funding. For the Town's Project, the County will contribute a total sum of $20,000.00. In order to receive the funds under this Agreement, the Town shall submit an invoice to the County. Invoices shall be submitted to Eagle County Environmental Health. Payment will be made according to the County's regular bill paying procedure. a. Because of the benefits to forest health in Eagle County, Colorado that are achieved by this Project, the County has agreed to provide funding for the Project. The County's participation in the Project is limited to funding only. Resolution No. 6, Series of 2017 Page 2 of 6 b. If, at any time during the Agreement, County reas. County to Contractor w payment was made were then upon written noti reimbursement from Co payment(s) to County. U unexpended funds advanc to County. 2. Miscellaneous. a. Notice. All notices, bills be given by personal deli mail should be addressed term or after termination or expiration of this nably determines that any payment made by s improper because the Services for which not performed as set forth in this Agreement, e of such determination and request for nty, Contractor shall forthwith return such on termination or expiration of this Agreement, d by County, if any, shall forthwith be returned d payments shall be made in writing and may ery or by mail. Notices, bills, payments sent by s follows: Eagle County Government Contact: Eagle County Government Environmental Health Attn: Eric Lovgren PO Box 850 500 Broadway Eagle, CO 81631 e-mail: eric.lovgren n,eaglOcounty.us Town of Vail Contact: Town of Vail Fire Department Attn: Paul Cada 75 S. Frontage Rd. Vail, CO. 81657 Email: pcada@vailgov.cori b. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. c. No Waiver. Delays in etforcement or the waiver of any one or more defaults or breaches of this Agreement by a Party shall not constitute a waiver of any of the other terms or obligations of this Agreement. d. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. e. Third Parties. There are no intended third -party beneficiaries to this Agreement. Resolution No. 6, Series of 2017 Page 3 of 6 f. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. g. Modification. This Agreement may only be modified upon written agreement of the Parties. h. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either Party without the written consent of the other. i. Governmental Immunity. The Town and its officers, attorneys and employees and the County and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees or the County and its officers, attorneys and employees. The Town and its employees shall not be deemed to assume any liability for intentional or negligent acts or omissions by the County, or any officer, agent or employee of the County. Subject to Annual Appropriation. 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). J. k. Compliance With Law. Each Party shall comply with all applicable federal, state and local rules, regulations and laws. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first set forth above. ATTEST: Patty McKenny, Town Clerk Resolution No. 6, Series of 2017 TOWN OF VAIL, COLORADO Stan Zemler, Town Manager Page 4 of 6 COUNTY OF EAGLE, COLORADO Jill Ryan, Chairman of the Board of Commissioners ATTEST: Regina O'Brien, Clerk to the Board Resolution No. 6, Series of 2017 Page 5 of 6