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HomeMy WebLinkAboutC15-318 Intergovernmental Agreement between Town of Vail and Eagle county re Grant of Trail Maintenance r� . ,r INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND EAGLE COUNTY, COLORADO CONCERNING A GRANT OF TRAIL MAINTENANCE FUNDS THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into by and between The Town of Vail, a Colorado municipal corporation (hereinafter"Town") and Eagle County, a body corporate and politic of the state of Colorado (hereinafter"County"). Collectively the Town and County shall be referred to as the "Parties". This Agreement is entered into and is effective on the z day of fin+-vN , 2015. RECITALS WHEREAS, C.R.S. 29-20-101et.seq. encourages intergovernmental agreements through which local governments cooperate and participate in joint projects; and WHEREAS, the Town and County have been working cooperatively to fund, construct and manage a phased recreation and transportation public trail systems through Eagle County known as the Eagle Valley Trail and Gore Valley Trail; and WHEREAS, County has received a request from the Town for maintenance project funding to replace the wildlife screen located over the Mud Gulch wildlife underpass located below the Gore Valley Trail and other trail repairs adjacent to the wildlife screen(hereinafter"Project") , in accordance with the Trail Repair and Safety Grant program managed by County's ECO Trails Department (hereinafter"ECO"); and WHEREAS, the request has been reviewed by the County's advisory boards on trail system matters, including the Eagle Valley Trails Committee and the Eagle County Regional Transportation Authority, and said bodies recommend in favor of funding the request. AGREEMENT NOW THEREFORE, in consideration of the mutual rights and obligations as set forth below, the Parties agree as follows: 1. PROJECT FUNDING 1.1 County, per the recommendation of the Eagle Valley Trails Committee and ECO Board will contribute up to $12,858.00 to the estimated project cost of$25,717.00. The funds will be paid from the ECO Trails Department budget. 1.2 In order to receive the funds granted under this Agreement, Contractor will submit an invoice to County at the completion of the project. Invoices will be submitted to ECO Trails, P.O. Box 1070, Gypsum, Colorado 81637. Payment will be made according to the County's regular bill paying procedure. 1.3 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 OS- --31 0. 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). 2. SCOPE AND DESCRIPTION OF PROJECT 2.1 The project work will consist of the following components: a. Replacement of the wildlife screen located over the Mud Gulch wildlife underpass located below the Gore Valley Trail. The wildlife screen is a requirement of the State of Colorado permit that allowed the trail construction on lands owned by the state. b. Site work related to installation and trail repairs adjacent to the wildlife screen. c. The work shall be as otherwise described in the Town's application on file with the ECO Trails department. 2.2 The section of trail within the Town for which the ECO contribution is being granted will be constructed to the standards in the Eagle Valley Regional Trails Plan, as adopted by the Town of Vail in 2001. 3. PROJECT OWNERSHIP AND MANAGEMENT UPON COMPLETION 3.1 Town shall be solely responsible for the design, construction, management and maintenance of the Project and shall own the Project. 3.2 The section of the Gore Valley Trail for which the contribution is being requested will be maintained by the Town as follows: a. Maintenance as required for the wildlife screen b. Monthly sweeping, March through November c. Monthly vegetation control including weed removal, mowing, cutting and trimming d. Trash removal e. Repair and replacement of signs, fences, railings, striping, drainage and other trail features f. Snowplowing, in season g. Inspections monthly, or no less than quarterly 4. INDEMNIFICATION, INSURANCE AND GOVERNMENTAL IMMUNITY 4.1 To the extent permitted by law, each party shall indemnify, defend and hold harmless the other including its, agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens demands, action and causes of action whatsoever, including attorney fees, arising out of or related to its negligent acts or omissions. 4.2 The Town shall provide its own public liability, property damage, and errors and omissions insurance coverage as County may deem adequate and necessary for any potential liability arising from this Agreement. 4.3 Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to either party, its officials, employees, contractors,' or agents, or any other person acting on behalf of either party and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 2 5. TERM AND TERMINATION 5.1 The term of this Agreement shall commence on the date executed by both parties and shall terminate on December 31, 2015 unless the Agreement is extended by both parties prior to that end date. Any unexpended funds may be required to be returned to County as well as any funds not properly expended according to project objectives. 5.2 If either party fails to substantially perform the duties and obligations in accordance herewith, the other party may terminate this Agreement upon seven(7) days written notice to that party, unless that party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon thirty (30) days written notice. 5.3 Notwithstanding the foregoing, neither party may terminate this Agreement with respect the Project as a whole or any phase, if such termination would cause a violation of the terms of a grant agreement. In the event of termination, the Parties will pay amounts due and owing for work satisfactorily performed to the date of termination andwill close out grants in accordance with their terms. 6. MISCELLANEOUS 6.1 Notices. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, payments sent by mail should be addressed as follows: ECO Trails Attn: Ellie Caryl P.O. Box 1070 Gypsum, CO 81637 Phone: 970-328-3523 Town of Vail Attn: Gregg Barrie 1309 Elkhorn Drive Vail, CO 81657 Phone: 970-479-2337 6.2 Modification. This A greement contains ins the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, 3 modification, or termination is sought. 6.3 No Third Party Beneficiaries.Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub-consultant or sub-contractor of Town or County. Absolutely no third party beneficiaries are intended by this Agreement. 6.4 No Assignment. Neither party shall assign this Agreement without the prior written consent of the other. Either party may terminate this Agreement if the other assigns this Agreement without the prior written consent of the other. 6.5 Jurisdiction And Venue. This Agreement shall be interpreted in accordance with the laws of the state of Colorado and the Parties agree to submit to the jurisdiction of the courts thereof Venue shall be in the Eagle County District Court. 6.6 Invalidity. Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 6.7 Compliance With Law. Each party shall comply with all applicable federal, state and local rules, regulations and laws. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 4 IN WITNESS WHEREOF, each party, by signature below of its authorized representative, hereby acknowledl that it has read this Agreement, understands it and agrees to be bound by its terms and conditions. COUNTY OF EAGLE, STATE OF COLORADO, By and Through It WA' D OF CO TY C'MMISSIONERS B / / / � /, ir o� co• y handy/-Henry, Chair ATTEST: ' By: I.P. � F� -, d° Teak J. Simonton, Clerk to the Boar.; TOCJV 1,0`—V A by: Stan Ze F ler, Town Manager ATTEST: � ‘\% ■ Ill ;By: 4.4.t. • .,, 41 1,,,,.. . _..... , . ...., , 1 ‘, ...0 „ ., 5