HomeMy WebLinkAbout2023-27 A Resolution Approving an IGA with Avon, Eagle County and EagleVail Metro District for the Shift Bike Electric Bike Share Program Expansion ProjectRESOLUTION NO.27
SERIES OF 2023
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL, THE TOWN
OF AVON, EAGLE COUNTY AND EAGLEVAIL METRO DISTRICT TO PROVIDE FOR
THE DISTRIBUTION OF FUNDS RELATING TO A CERTAIN TRANSPORTATION
DEMAND MANAGEMENT INNOVATION GRANT FROM THE COLORADO
DEPARTMENT OF TRANSPORTATION TO FUND THE SHIFT BIKE ELECTRIC BIKE
SHARE PROGRAM EXPANSION PROJECT
WHEREAS, the Town of Vail is the recipient of a Transportation Demand
Management Innovation Grant (the "Grant") from the Colorado Department of
Transportation to fund its Shift Bike Electric Bike Share Program Expansion Project (the
"Project");
WHEREAS, to implement the Project, the Town is required to distribute the Grant
funds in a manner that will expand the Project to adjacent communities, as further set forth
in the Intergovernmental Agreement attached hereto as ExhibitAand incorporated herein
by this reference (the "IGA").
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the 1GA in substantially the same
form attached hereto as Exhibit A, and in a form approved by the Town Attorney, and
authorizes the Town Manager to execute the IGA on behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Vail Town
Council held this 18th day of July, 2023.
ATTEST:
Stephanie Bibbens, Town Clerk
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT (the "IGA") is made and entered
into this day of 2023 (the "Effective Date"), by and among the
Town of Vail, a Colorado home rule municipality ("Vail"), the Town of Avon, a Colorado
home rule municipality ("Avon"), Eagle County, Colorado, a Colorado county ("Eagle
County"), and EagleVail Metro District, a Colorado special district ("EVMD") (each a
"Party" and collectively the "Parties").
WHEREAS, the Parties are Colorado municipalities, counties, and special districts,
respectively, organized and operated pursuant to Colorado law;
WHEREAS, pursuant to Article XIV, § 18(2)(a) and (b), of the Colorado
Constitution and C.R.S. §§ 29-1-203 and 32-1-1001, the Parties may enter into
agreements with one another to provide intergovernmental services and facilities, when
so authorized by their governing bodies;
WHEREAS, Vail is the recipient of a Transportation Demand Management
Innovation Grant (the "Grant") from the Colorado Department of Transportation to fund
its Shift Bike Electric Bike Share Program Expansion Project (the "Project");
WHEREAS, to implement the Project, Vail is required to distribute the Grant funds
in a manner that will expand the Project to adjacent communities; and
WHEREAS, each Party has determined it to be in its best interests to enter into
this IGA and expand the Project to further reduce vehicle miles traveled and greenhouse
gas emissions.
NOW, THEREFORE, in consideration of the mutual performance of the covenants,
agreements, and stipulations contained herein, the sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1. Program Participation. The Parties shall collectively participate in the Project, as
further described in Exhibit A, attached hereto and incorporated herein by this reference.
The Grant funds shall solely be used to implement and maintain the Project.
2. Distribution. Within 7 days of receipt of the Grant funds or 7 days of the Effective
Date, whichever is later, Vail shall distribute the Grant funds as follows:
Vail: $22,000
Avon: $13,000
Eagle County: $10,000
EVMD: $ 5,000
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3. Term and Termination. This IGA shall commence on the Effective Date and shall
terminate automatically, without further action of the Parties, upon completion of the
Project.
4. Miscellaneous.
a. Notices. All notices shall be transmitted in writing and shall be deemed to
have been duly given when hand -delivered or sent by U.S. mail, postage prepaid,
addressed as follows:
Vail: EVMD:
75 S. Frontage Road P.O. Box 5660
Vail, CO 81657 Avon, CO 81620
Avon:
100 Mikaela Way
P.O. Box 975
Avon, CO 81620
Eagle County:
500 Broadway
P.O. Box 850
Eagle, CO 81631
b. Severability. If any provision of this IGA is determined to be void by a court
of competent jurisdiction, such determination shall not affect any other provision hereof,
and all of the other provisions shall remain in full force and effect.
C. Integration. This IGA represents the entire agreement among the Parties
hereto with respect to the subject matter hereof, and all prior or extrinsic agreements,
understandings or negotiations shall be deemed merged herein.
d. Waiver. No provision of this IGA may be waived to any extent unless and
except to the extent the waiver is specifically set forth in a written instrument executed by
the Party to be bound thereby.
e. Modification. This IGA may only be modified by subsequent written
agreement of the Parties.
f. Governing Law and Venue. This IGA shall be governed by and construed
in accordance with the laws of the State of Colorado, and venue for any legal action
arising out of this IGA shall be in Eagle County, Colorado.
g. No Third -Party Beneficiaries. No third party is intended to or shall be a
beneficiary of this IGA, nor shall any third party have any rights to enforce this IGA in any
respect.
h. No Joint Venture or Partnership. No form of joint venture or partnership
exists between the Parties and nothing contained in this IGA shall be construed as making
the Parties joint venturers or partners. In no event shall any Party or its employees or its
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representatives be considered or authorized to act as employees or agents of any other
Party.
I. Force Majeure. No Party shall be liable for a failure to perform as required
by this IGA to the extent such failure to perform is caused by a reason beyond the control
of that Party or by reason of any of the following occurrences, whether or not caused by
such Party: strikes, labor disturbances or labor disputes of any character, accidents, riots,
civil disorders or commotions, war, acts of aggression, floods, earthquakes, acts of God,
explosion or similar occurrences.
j. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado
Constitution, any financial obligation of any Party under this IGA is specifically contingent
upon annual appropriation of funds sufficient to perform such obligation. This IGA shall
never constitute a debt or obligation of any Party within any statutory or constitutional
provision.
k. Governmental Immunity. Nothing herein shall be construed as a waiver of
any protections or immunities any Party or its officials, representatives, attorneys, or
employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-
101, et seq., as amended.
IN WITNESS WHEREOF, the Parties have executed this IGA as of the Effective
Date.
TOWN OF VAJL, COLORADO
Kim Langmaid, Mayor
ATTEST:
Stephanie Bibbens, Town Clerk
TOWN OF AVON, COLORADO
Amy Phillips, Mayor
ATTEST:
Miguel Jauregui Casanueva, Town Clerk
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EAGLE COUNTY, COLORADO
Jeff Shroll, Eagle County Manager
EAGLEVAIL METRO DISTRICT
Tim McGuire, Board Chairman
ATTEST:
Kris O'Neill, Manager of Human Resources & Administration
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EXHIBIT A
Shift Bike Program Expansion for 2023
As a strategy to work towards achieving adopted goals from the Climate Action Plan for
the Eagle County Community, reduce transportation related greenhouse gas emissions,
reduce traffic and parking congestion, and make a -bikes more accessible in 2022 the
Shift Bike Regional Electric Bike Share Program was launched as a collaboration
between Town of Vail, Town of Avon, and EagleVail Metro District ("partner
communities"). The three partner communities contracted Drop Mobility to provide a
turnkey electric bike (e-bike) share program from June — October 2022.
After successful implementation of the Shift Bike regional electric bike share in 2022
with over 21,750 miles logged and 7,400 trips taken, the partner communities opted to
continue working with Drop Mobility to expand the Shift Bike program in 2023. The
system expanded in each of the original partner communities as well into Edwards, CO.
Eagle County Government and Edwards Metro District joined the partner communities
of Town of Vail, Town of Avon, and EagleVail Metro District to implement an expansion
of the turnkey program in 2023. The 2023 program includes 155 electric bikes and 33
hub stations throughout Vail, EagleVail, Avon, and Edwards from May — October 2023.
This is an increase from 90 electric bikes and 20 stations deployed in 2022. Bikes and
stations are distributed proportionately to funding allocations per community. Vail
received 81 bikes and 16 stations, Avon 35 bikes and 9 stations, EagleVail 14 bikes and
3 stations, and Edwards 25 bikes and 5 stations. The expanded system stations are
implemented in locations with high -density work force housing and with significant first -
and last- mile challenges.
The total budget from Drop Mobility for the expanded system in 2023 is $428,150. Each
partner community contributed the following amount for 2023: Vail (52.2%)- $223,743;
Avon (22.6%)- $96,679; EagleVail (9%)- $38,672; Eagle County Government (11.7%)-
$50,000; and Edwards Metro District (4.5%)- $19,056. While the program operates
under one proposal, the Town of Vail, Town of Avon, EagleVail Metro District, and
Eagle County hold individual contracts with Drop Mobility for their respective portion of
the system and funding contributions. Eagle County's contract includes Edwards Metro
District's portion of their contribution, for which Eagle County invoices Edwards Metro
District.
The partner communities received $50,000 through the Colorado Department of
Transportation's Transportation Demand Management Innovation Grant to help
proportionately offset the expansion costs in each partner community. The Town of Vail
was the lead applicant for the grant and administering entity for grant reporting
requirements and distribution of the funds to the other partner communities. The grant
will be distributed proportionately to each partner community as stated below. Eagle
County Government will work directly with Edwards Metro District to distribute their
allocated funds.
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Oar anization
Town of Vail
Town of Avon
Eagle County/Edwards Metro District
EagleVail Metro District
1 Total Grant Funds
Grant Funding Allocation
$22,000
$13,000
$10,000
$5,000
$50,000
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