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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