HomeMy WebLinkAbout2017-08 IGA with Eagle County Granting Trail Maintenance FundsRESO
Seri
A RESOLUTION APPROVING AN
BETWEEN THE TOWN OF VAIL AND
TRAIL MAINTENANCE FUNDS AN
T
WHEREAS, the Town of Vail (th
Colorado is a home rule municipal cor
laws of the State of Colorado and the To
WHEREAS, the members of the
been duly elected and qualified;
WHEREAS, the Town and Eagle
cooperatively to fund, construct and man
public trail systems through Eagle Count
WHEREAS, the Town has reques
Grant program to replace and repair asp
Valley Trail segment through Dowd Junct
WHEREAS, the County's ECO Tr
Town's request for funding for the Project
WHEREAS, the approval of Resol
to complete the funding process.
NOW, THEREFORE, BE IT OR
TOWN OF VAIL, COLORADO:
2016.
1. The Council hereby appro
authorizes the Town Mana
Agreement on behalf of th
attached hereto as Exhibit
Attorney.
2. This Resolution shall be e
UTION NO. 8
s of 2017
NTERGORVERNMENTAL AGREEMENT
AGLE COUNTY CONCERNING A GRANT OF
SETTING FORTH DETAILS IN REGARD
ERETO.
"Town"), in the County of Eagle and State of
oration duly organized and existing under the
n Charter (the "Charter");
own Council of the Town (the "Council") have
ounty (the "County") have been working
ge a phased recreation and transportation
known as the Eagle Valley Trail;
ed funding through the Trail Repair and Safety
alt within Eagle County located on the Gore
on (the "Project");
ils Department have reviewed and granted the
in the amount of $150,000.00; and
ution No. 8, Series of 2017 is required in order
AINED BY THE TOWN COUNCIL OF THE
es the Intergovernmental Agreement and
er to enter into the Intergovernmental
Town in substantially the same form as
and in a form approved by the Town
ective immediately upon adoption.
INTRODUCED, READ, APPROVED A
P D 1st ay of March,
7•74i
Patty
Resolution No. 8, Series of
Page 1 of 6
E HIBIT A
INTERGOVERN
B
THE TOWN OF VAIL AN
CONCERNING A GRANT
THIS INTERGOVERNMENTAL AGRE
between the Town of Vail, a Colorado m
Eagle County, a body corporate and
"County"). Collectively the Town and C
singularly as "Party". This Agree
, 2017.
ENTAL AGREEMENT
TWEEN
EAGLE COUNTY, COLORADO
F TRAIL MAINTENANCE FUNDS
MENT ("Agreement") is entered into by and
nicipal corporation (hereinafter the "Town") and
politic of the state of Colorado (hereinafter
unty shall be referred to as the "Parties" and
ent is entered into and is effective on
R : CITALS
WHEREAS, C.R.S. 29-20-101 et.seq.
through which local governments cooper
WHEREAS, the Town and County have
and manage a phased recreation and tr
County known as the Eagle Valley Trail;
WHEREAS, County has received a re
funding to replace and repair asphalt wi
Trail segment through Dowd Junction (he
WHEREAS, the application for funds wa
and Safety Grant program ma
(hereinafter "ECO Trails"); and
WHEREAS, the application (attached Ex
trail planning and funding body, the EC
recommends in favor of funding the requ
WHEREAS, the funds are available in th
ECO Trails 2017 approved budge
1
AG
NOW THEREFORE, in consideration of
below, the Parties agree as follows:
1. PROJECT FUNDING
1.1 County, per the recommendatio
contribute up to $150,000.00 to the esti
will be paid from the ECO Trails Departm
1.2 In order to receive the funds gran
an invoice to County at the completion of
Resolution No. 8, Series of 2017
encourages intergovernmental agreements
to and participate in joint projects; and
been working cooperatively to fund, construct
nsportation public trail systems through Eagle
nd
uest from the Town for maintenance project
hin Eagle County located on the Gore Valley
einafter "Project"); and
submitted in accordance with the Trail Repair
aged by County's ECO Trails Department
ibit A) was reviewed by the County's advisory
Eagle Valley Trails Committee, and said body
st; and
•
County's "Maintenance Grants" line item in the
EEMENT
the mutual rights and obligations as set forth
of the Eagle Valley Trails Committee, will
ated project cost of $1,465,000.00. The funds
nt budget.
ed under this Agreement, the Town will submit
the Project. Invoices will be submitted to ECO
Page 2 of 6
Trails, P.O. Box 1070, Gypsum, Colora•o 81637. Payment will be made according to
the County's regular bill paying procedur
1.3 Notwithstanding anything to the
shall have no obligations under this Agre
Town in respect of any period after Dec
therefor by County in accordance wit
Commissioners in compliance with Articl
the Local Government Budget Law
Amendment (Colorado Constitution, Artic
contrary contained in this Agreement, County
ment after, nor shall any payments be made to
mber 31 of any year, without an appropriation
a budget adopted by the Board of County
25, title 30 of the Colorado Revised Statutes,
.R.S. 29-1-101 et. seq.) and the TABOR
e X, Sec. 20).
2. SCOPE AND DESCRIPTION OF PROJECT
2.1 The Project work will consist of th
a. Reconstruction of the rock ret
b. Reconstruction of the paved t
c. Stabilization of the opposite b
d. Construction of boulder "gra
stream flow.
2.2 Additional work may be added t•
stability analysis". Those additional imp
the County.
2.3 The section of trail within the T
granted will be constructed or repaired
Regional Trails Plan, as adopted by the
2.4 County shall provide Town a tem
that the Project is funded through the
County seven working days' notice of the
•
3. PROJECT OWNERSHIP AND M
3.1 Town shall be solely responsible
maintenance of the Project and shall own
3.2 The section of the Eagle Valley T
will be maintained by the Town as follows
a. Maintenance as required for the r
b. Monthly sweeping, March through
c. Monthly vegetation control incl
trimming;
d. Trash removal;
e. Repair and replacement of signs
trail features; and
f. Inspections monthly, or no less th
4. INDEMNIFICATION, INSURANC
Resolution No. 8, Series of 2017
following components:
ining wall;
il in the construction area;
nk; and
e control" structures in Gore Creek to help
the scope of the project based on the "global
ovements will be funded by the Town and not
n for which the County contribution is being
o the pertinent standards in the Eagle Valley
own in 2001.
•orary sign to install at the work site indicating
ounty's ECO Trails fund. Town shall provide
date the Project will commence.
NAGEMENT UPON COMPLETION
for the design, construction, management and
the Project.
il for which the contribution is being requested
placed and repaired asphalt;
November;
ding weed removal, mowing, cutting and
fences, railings, striping, drainage and other
n quarterly.
AND GOVERNMENTAL IMMUNITY
Page 3 of 6
4.1 To the extent permitted by law,
harmless the other including its, agents,
any and all loss, costs, damage, inju
causes of action whatsoever, including
negligent acts or omissions.
4.2 The Town shall provide its own
omissions insurance coverage as Coun
potential liability arising from this Agreem
4.3 Nothing in this Agreement shall b
any governmental immunity that may b
employees, contractors,' or agents, or a
and, in particular, governmental immunit
Governmental Immunity Act, Title 24,
Statutes.
5. TERM AND TERMINATION
5.1 The term of this Agreement sh
Parties and shall terminate on December
both Parties prior to that end date. A
returned to County as well as any fun
objectives.
5.2 If either Party fails to substan
accordance herewith, the other Party
days written notice to that Party, unless t
day remedy period. Either Party may ter
(30) days written notice.
5.3 Notwithstanding the foregoing, n
respect the Project as a whole or any ph
of the terms of a grant agreement. In
amounts due and owing for work satisfa
will close out grants in accordance with t
6. MISCELLANEOUS
each Party shall indemnify, defend and hold
officers, servants and employees of and from
, liability, claims, liens demands, action and
attorney fees, arising out of or related to its
ublic liability, property damage, and errors and
y may deem adequate and necessary for any
nt.
construed to waive, limit, or otherwise modify
available by law to either Party, its officials,
y other person acting on behalf of either Party
afforded or available pursuant to the Colorado
Article 10, Part 1 of the Colorado Revised
II commence on the date executed by both
31, 2017 unless the Agreement is extended by
y unexpended funds may be required to be
s not properly expended according to Project
ially perform the duties and obligations in
ay terminate this Agreement upon seven (7)
at Party cures the breach within the seven (7)
inate this Agreement without cause upon thirty
ither Party may terminate this Agreement with
se, if such termination would cause a violation
the event of termination, the Parties will pay
torily performed to the date of termination and
eir terms.
6.1 Notices. All notices, bills and p : yments shall be made in writing and may be
given by personal delivery or by mail. N•tices, bills, payments sent by mail should be
addressed as follows:
Eagle County Government
ECO Trails
Attn: Jared Barnes
e-mail: .ared.barnes • ea•lecount .us
P.O. Box 1070
Gypsum, CO 81637
Resolution No. 8, Series of 2017
Page 4 of 6
Town of Vail
Attn: Gregg Barrie
1309 Elkhorn Drive
Vail, CO 81657
Phone: 970-479-2337
e-mail: gbarrieCa�vailgov.com
6.2 Modification. This Agreement
Parties, and no agreement shall be effec
in part unless such agreement is in writi
enforcement of such change, modificatio
6.3 No Third Party Beneficiaries.
to or shall create a contractual relations
relief for, any third party, including any a
or County. Absolutely no third party bene
6.4 No Assignment. Neither Party
written consent of the other. Either Pa
assigns this Agreement without the prior
6.5 Jurisdiction and Venue. This Ag
the laws of the state of Colorado and the
courts thereof. Venue shall be in the Eagl
6.6 Invalidity. Invalidity or unenforc
not affect the other provisions hereof, an
invalid or unenforceable provision was o
6.7 Compliance with Law. Each Pa
and local rules, regulations and laws.
IN WITNESS WHEREOF, each Party, by
representative, hereby acknowledges tha
agrees to be bound by its terms and con
ATTEST:
By:
Regina O'Brien
Clerk to the Board
Resolution No. 8, Series of 2017
contains the entire agreement between the
ive to change, modify, or terminate in whole or
g and duly signed by the Party against whom
, or termination is sought.
othing contained in this Agreement is intended
ip with, cause of action in favor of, or claim for
ent, sub -consultant or sub -contractor of Town
iciaries are intended by this Agreement.
shall assign this Agreement without the prior
rty may terminate this Agreement if the other
ritten consent of the other.
eement shall be interpreted in accordance with
Parties agree to submit to the jurisdiction of the
County District Court.
ability of any provision of this Agreement shall
this Agreement shall be construed as if such
itted.
y shall comply with all applicable federal, state
signature below of its authorized
it has read this Agreement, understands it and
itions.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its BOARD
OF COUNTY COMMISSIONERS
By:
Jillian Ryan, Chair
Page 5 of 6
ATTEST:
By:
Patty McKenny, Town Clerk
Resolution No. 8, Series of 2017
TOWN OF VAIL
By:
Stan Zemler, Town Manager
Page 6 of 6