HomeMy WebLinkAbout1996-15 Adopting the Town of Vail_ERWSD Joint Funding Agreementi
RESOLUTION NO. 75
5ERlES OF 7996
A RESOLUTION ADOPTING THE TOWN OF VAILIEAGLE RIVER WATER AND
SANITATION DISTRICT JOINT FUNDING AGREEMENT
WHEREAS, pursuant to C.R.S. 29-1-2Q3, the Town of Vail wishes to enter into a
partnership with the Eagle River Water and Sanitation District (the "District"); and
WHEREAS, this will provide a partnership to synthesize and bring together fragmented
water resource data #o determine the significance of the observed changes in water quality over
time; and
WHEREAS, this partnership shall address water quality, quantity and aquatic life issues
in the Gore Va{ley Watershed with a goal of characterizing, protecting, and improving water quality,
stream flow, aquatic life, wetlands, and repairing habitat in the Gare Creek Water Shed.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1. The Town Council hereby adopts the attached Town of VaillEagle River Water anc[
Sanitation District Joint Funding Agreement which provides for a contribution by the Tawn of Vail
in an amount not to exceed $10,000.
2. This resolution shall take effect immediately upon its passage.
1NTRODUCED, READ, APPROVED AND ADOPTED this Ca~day of August, 1996.
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Robert W. Armour, Mayor
ATTEST:
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Holly L. McCutcheon, Town Clerk
CaRE54LU96.15
Resolutron No. 15. Series of 1998
TOWN OF VAIL/EAGLE RIVER WATER AND SANITATION DISTRICT
JOINT FUNDING AGREEMENT
THIS AGREEMENT made is entered into on , 1996 by and between the
Town of Vail, a Colorado municipal corporation ("the Town"}, and the Eagle River and Sanitation
District, a Colorado Metropolitan District (The District}.
WITNl=SSETH
WHEREAS, pursuant to CRS 29-1-203, the Town wishes to enter into a partnership with the
District to protect water resources and aquatic life in the Gore Creek.
NOW, THEREFORE, the parties mutually agree as follows:
1. Project Dasrriotion
Numerous entities within the Vail Valley have collected water resource information over the
last 20 years to determine the health of Gare Creek. Information indicates that certain water quality
parameters have changed aver time with the development of the Vail Valley. There is a need to
synthesize and bring together fragmented water resource data to determine the significance of the
observed changes in water quality over time. The Vail Valley Consolidated Water District, Upper
Eagle Regional Water Authority, Upper Eagle Valley Consolidated Sanitation District, and the Town
of Vai! (The Watershed Partnership) are interested in participating in a watershed management
program. The Watershed Partnership shall address water quality, quantity and aquatic life issues
in the Gore Valley watershed with the goal of characterizing, protecting and improving water quality,
stream flow, aquatic life, wetlands, and riparian habitat in the Gore Creek watershed. Specific
objectives of the Watershed Partnership are to:
1) Financially support 50% of the cost of the existing U.S. Geological monitoring station at
Dowd Junction.
2) Obtain grant funding to supplement contributions by participants.
3) Collect and synthesize current and historical land use, water quality, water quantity, and
aquatic life information for integration into a database to be used by the Watershed
Partnership.
4) Analyze new data from the USGS monitoring station and Colorado Department of Public
Health and Environment along with historical information using a integrated database. This
analysis will identify critical water quality trends, the significance of those trends and their
relationship to aquatic life and land use.
5} Implement best management practices to protect water resources
6} Work with the Colorado Department of Transportation to implement sect Management
Practices to reduce water quality impacts from I-70.
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2, l~C?05e
The intent of the Watershed Partnership is to develop a joint funding agreement with the U.S.
Geological Survey (U.S.G.S) to accomplish these goals. The U.S. Geological Sun+ey has developed
a joint funding agreement which would be signed by the Eagle River Water and Sanitation District
on behalf of the Watershed Partnership. The U.S.G.S, through this agreement commits to matching
every dollar the Watershed Partnership invests in this program. This agreement does not preclude
the Watershed Partnership, through unanimous agreement, from obtaining tFte services of other
consultants.
3. Scope of Services
Attachment A includes a detailed work plan and schedule. The following is a summary of
critical actions outlined in Attachment A.
Task 1 -Compilation of available data.
Task 2 -Analyze historic data.
Task 3 - Relate historic information to land use.
Task 4 -Point and nonpoint source monitoring
Task 5 -Identify critical relationships between water quality, quantity, aquatic life, and land
use in a final report.
4. Personnel
The Watershed Partnership agrees to sign an agreement for services with the U.S.
Geological Survey to perform the tasks outlined in Attachment A. The U.S. Geological Survey will
in effect act as a consultant for this project. Nancy Driver from the U.S. Geological Survey will be
responsible for project completion and quality assurance. This agreement does not preclude the
Watershed Partnership, through unanirnaus agreement, from obtaining the services of other
consultants.
5. Time of Performance
The services set forth in the scope of service above shall commence on the date of
this Agreement and be performed on an ongoing basis until August 20, 1997.
6. Cornoensation
Each member of the Watershed Partnership will pay equally for the costs outlined in
this scope at service. The total amount each party shall pay wilt not exceed $1D,OOt).
T. Pavrnent
Payments shalk be made by the Town based on invoices from the Eagle River Water
and Sanitation District. These invoices will identify the tasks completed, hours spent on a task, total
cost, and the Town of Vail portion of the cost. The cast payable by the Town of Vail shall not
exceed 115th of the total cost. If there are no contested items in the District's invoice, the Town will
pay the District the amounts due as indicated by the statements submitted by the District within
fifteen (15) days of receipt of an itemized statement. If the Town, in its sole discretion, disagrees
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with any charge in the District's itemized invoice, the Town will give notice to the District of the
Town's disagreement and the parties will work together to resolve the disagreement. Any payment
made by the Town shall not constitute a waiver of the right of the Town to require the fulfillment of
all terms of this agreement and the delivery of ail services embraced in this Agreement complete and
satisfactory to the Town in all details within the budget set forth in Paragraph 5 of this Agreement.
Resorts. Documents
All documents, drawings, or plans, drawings, or plans shah become the property of
the Watershed Partnership and it is agreed that Eagle River Water and Sanitation District. shall not
retain any proprietary rights of said reports, documents, drawings, or plans.
9. lndenendent Cnntrartnr
The Watershed Partnership intends to obtain the services of the U.S. Geological
Survey as a consultant to help complets the tasks outlined in section 2 of this agreement. Any
professional services obtained from the U.S.G.S. ar other consultants shall comply with Colorado
State Law on independent contractors. The "Consultant" is an independent contractor, and nothing
contained in this Agreement shall constitute or designate the Consultant or any of the Consultant's
employees as agents (except as expressly set forth in this agreement} ar employees of the Town.
Further, it is agreed that:
a) The Town of Vail does not require the Consultant to work exclusively for it;
b} The Town of Vail, for whom the services are to be performed, does not establish a
quality standard for the Consultant;
c} The Town of Vail may supply plans and specifications, but will not oversee the actual
work or instruct the Consultant as to haw the work will be performed;
d) The Town of Vail can terminate the Contract if the Consultant violates the terms of
the Contract or fails to produce a result that meets the specifications of the Contract;
e} The Town of Vail does not provide training #or the Cansuitan#'s employees or
workers;
f} The Town of Vail does not provide tools or benefits to complete the Contract although
materials and equipment may be supplied;
g) The Town of Vail does not dictate the time of performance except that a completion
schedule and range of work hours may be established;
h} Payment for services rendered pursuant to this Contract will be made to the trade or
business name of the provider of services rather than to the individual; and
I} The Town of Vai! does not in any way combine its business operations with those of
the Consultant.
THE CONSULTANT AS AN INDEPENDENT CONTRACTOR. 1S NOT ENTITLEf} TO WORKERS'
COMPENSATION BENEFITS AND THE CONTRACTOR IS OBLIGATED TO PAY FEDERAL AND
STATE INCOME TAX ON ANY MONIES EARNED.
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10. In~~irance
The Consultant shall obtain and maintain in force for the term of this Agreement the
fallowing insurance:
a. Comprehensive general liability (including personal injury) in an amount not
less than five hundred thousand dollars ($500,000.00} per individual and not less than one million
dollars {$1,000,000.00) per occurrence.
B. Workman's Compensation and employer liability in accordance with 'the
Workman's Compensation Act of the State of Colorado for employees doing work in Colorado in
accordance with this Agreement.
C. Automobile liability {including owned, non-owned, and hired) in an amount not
less than one million dollars ($1,000,000.00} per individual and not less than one million dollars
1,000,000.00} per occurrence.
D. The above coverages shall be obtained from companies acceptalJle to the
Town. Certificates of Insurance evidencing automobile liability coverage shall be furnished to the
Town at the time of the signing of this Agreement. The general liability policy shall include the Town
as an additional named insured by policy endorsement.
11. Na Waiver
Na waiver of any of the provisions of this Agreement shall be deemed to constitute
a waiver of any other provision of this Agreement, nor such waiver constitute a continuing waiver
unless otherwise expressly provided, nor shall the waiver of any default of the terms of this
Agreement be deemed a waiver of any subsequent default.
12. Termination
The performance of the work provided for in this Agreement may be terminated at any
time in whole or, from time to time, in part by the Town for its convenience. Any such termination
shall be affected by delivery to the District of a written notice specifying the date upon which
termination becomes effective. This Agreement may also be terminated by the District in the event
of a material default of any of the terms and conditions of this Agreement by the Town, provided the
District has first provided the Town with written notice of the default and the Town shall have failed
to cure the specified default within seven (7) days of receipt of the notice. In the event of
termination, the District shall be paid on an hourly billing and expense basis far work satisfactorily
completed prior to the dale of termination.
13. Jurisdiction. Venue. and Attorney Fees
The jurisdiction and venue of any suit or cause of action under this Agreement shall
lie in Eagle County, Colorado. If it becomes necessary to bring any cause of action to enforce the
terms of this agreement, the prevailing party shall be awarded its legal costs including investigation
a.nd attorney fees.
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14. Point of Contact
The points of contact for both parties and any notice provided for in this Agreement
shall be deemed given if mailed to the respective parties at the addresses below.
Town of Vail
ATTN: Russell Porrest
75 S. Frontage Rd.
Vail, Colorado 81657
ph. 970-479-2138
Tom Huston
Eagle River Sanitation and Water District
846 Forest Rd
Vail, CO 81657
ph. 970-476-4089
15. Assignment
This Agreement is for expert services of the U.S. Geological Surveys that may not
be assigned without the prior written consent of all parties to this Agreement.
16. Cornnliance with Law
The Watershed Partnership wiEl not.perform any of the services provided specified
in this Agreement contrary to any local, state, federal, or county law.
17. Severabilitv
Should any section of this Agreement be found to be invalid, al! other sections shall
remain in full force and of#ect as though severable from the part invalidated.
18. Discrimination
The Watershed Partnership shall not discriminate against any employee ar applicant
for employment because of disability, race, color, age, sex, religion, ar national origin.
19. Intention of the Parties
This Agreement contains the entire intention of the parties and may only be changed
by a written document signed by the parties.
20. Execution
The parties have executed this Agreement on .1996.
TOWN OF VAIL
ay
Robert W. Mcl.aurin, Town Manager
Attest:
cily McCutcheon, Tawn Clerk
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Eagle River Water and Sanitation District
By;
Arimad on recycled paper