No preview available
HomeMy WebLinkAboutC12-226 Town of EagleINTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF EAGLE FOR FUNDING OF THE GRAND AVENUE BUS PULLOUT THIS AGREEMENT, made and entered into this gig day of AIL 2012, by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic by and through the Eagle County Regional Transportation Authority (hereinafter referred to as the County ") and the Town of Eagle, Colorado (hereinafter referred to as the Town ") . WHEREAS, the Town is currently planning to undertake the design and construction of a paved bus pullout in Eagle between King Street and Violet Lane on Grand Avenue (the "Project ") and has asked Eagle County to participate in funding the Project; and WHEREAS, Resolution No. 96 -22 created the Eagle County Transportation Authority and provided for its duties and powers, among which are to provide recommendations to the County with respect to expenditure of funds serving the County's mass transportation system; and WHEREAS, on April 18, 2012, the Eagle County Transportation Authority made a recommendation to the County for approval of the request of the Town for partnership in funding of the Project; and WHEREAS, the County has reviewed the Town's plans and said recommendation, has determined that the Project will serve the citizens of Eagle County, as well as the residents of the Town, and desires to partner with the Town to fund the Project as more fully set forth below; and WHEREAS, this Agreement is authorized by C.R.S. § 29 -1 -201, et. seq., and Article XIV, Section 18 of the Colorado Constitution. WITNESSETH: THAT, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree hereby as follows: 1.SCOPE A.The County has agreed to contribute to the Town an amount not to exceed nine thousand eight hundred eighty five dollars ($9,885) for the purpose of design and construction of a paved bus pullout in the Town as part of the Town's Grand Ave improvement plan, for the benefit of the citizens of the Town and Eagle County. B.In consideration for the monetary payment described in the Pte preceding paragraph, Town shall utilize and spend the funds provided solely for the joint funding of the Project, subject to the general terms and conditions as stated herein: i. The paved bus pullout will be built in the alignment and to the standard set forth by the Town in its request for funding. The bus pullout will be located on the north side of Highway 6 in Eagle between King Street and Violet Lane, per the attached Proposed ECO Bus Pullout map "Exhibit A" ii. The Town shall be deemed the owner of the bus pullout and shall be responsible for all upkeep and maintenance associated with the same. iii. The Town will assume all liability associated with the bus pullout project being funded through this Agreement and to the extent allowed by law, shall indemnify and hold harmless the County with respect to any claims, liability or judgments in any way related to, actually or allegedly caused by or attributable to or resulting in any way from the operations and duties undertaken in connection with this Agreement. 2.PERIOD OF AGREEMENT A.The term of this Agreement shall commence on the date said Agreement is executed by both parties and shall terminate on December 31, 2012, unless the Agreement is extended by both parties prior to the end date stated herein. Any unexpended funds or funds not properly expended in accordance with the terms of this Agreement will be required to be forthwith returned to the County. B.Notwithstanding the above, in the event the Town becomes insolvent, or is declared bankrupt, or dissolves, then the County may declare in writing that this Agreement is terminated, and all rights of the Town and obligations of the County shall thereupon terminate and cease immediately. 3.PAYMENT A.Upon completion of the Project, Town will submit one complete and final invoice based on expended funds to the Director of the Eagle County Regional Transportation Authority, P.O. Box 1070, Gypsum, Colorado 81637. Payment will be made according to the County's regular bill paying procedure. 4.TOWN'S DUTIES 2 The Town shall comply with the following Requirements: A.All funds received under this Agreement shall be expended solely for the purpose stated herein, and any such funds not so expended, including funds lost or diverted to other purposes, will be returned to the County. B.The Town shall maintain adequate records of matching expenditures for reporting to the County. The Town shall maintain all records pertaining to this Agreement for a minimum of three (3) years and may be subjected to an audit by federal, state, or county auditors or their designees as requested. If misuse of funds is discovered by an auditor, the Town shall return said misused funds to the County. C. The Town authorizes the County to perform audits and to make inspections during normal business hours at the convenience of the Town, with forty -eight (48) hours written notice, for the purpose of evaluating performance under this Agreement. 5.NOTICE Any notice provided for herein shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as follows: THE COUNTY: Eagle County Eagle County Regional Transportation Authority P.O. Box 1070 Gypsum, Colorado 81637 THE TOWN: Town of Eagle P.O. Box 609 Eagle, Colorado 81631 6.ASSIGNMENT While the parties anticipate and agree that the Town will hire a contractor to perform the work necessary to complete the Project, the Town shall not otherwise assign any rights or delegate any duties under the Agreement to a third party without the written consent of the County, which shall determine the acceptability of the third party to the County. Any effort to effect such an assignment without the written consent of the County will terminate the Agreement immediately at the option of the County 3 7.MISCELLANEOUS A.The parties of this Agreement intend that the relationship of the Town to the County is that of cooperating governmental entities pursuant to C.R.S. § 29 -1 -201, et. seq., and Article XIV, Section 18 of the Colorado Constitution. No officer, agent, employee or volunteer of, or contractor for the Town shall be deemed to be an agent, employee or volunteer of or contractor for the County. Likewise, no officer, agent, employee or volunteer of the County shall be deemed to be an agent, employee or volunteer for the Town. B.This Agreement shall be binding upon and inure to the benefit of the Town and the County and their respective heirs, legal representatives, executors, administrators, successors and assigns; provided, however, that neither party may assign nor delegate any of its rights or obligation hereunder without first obtaining the written consent of the other party. C.In the event that a dispute should arise relating to the parties' responsibilities under this Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorney's fees, and other claim - related expenses. D.The validity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provisions were omitted. E.The Town shall comply with all applicable laws, resolutions, and codes of the State of Colorado and the County of Eagle and all federal laws barring discrimination. F.No person shall have any personal financial interest, direct or indirect, in this Agreement. G. The law of the State of Colorado shall be applied in the interpretation, execution and enforcement of this Agreement. Venue for any action arising out of any dispute pertaining to this Agreement shall be exclusive in Eagle County, Colorado H.This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein 4 The Parties agree and understand that both parties are relying on and do not waive, by any provisions of this Agreement, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24 -10 -101, et seq., as from time to time amended or otherwise available to the parties or any of their officers, agents, or employees. J.The Parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall refer only to currently budgeted expenditures of the Parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. The parties hereto have signed this Agreement in quadruplicate. One counterpart each has been delivered to the County and the Town. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: cve.„. qv By: Clerk to the Bard of Peter F. Runyon County Commissioners Chairman TOWN OF EAGLE ATTEST: By: 9Le/?1 IQ2L&' By:All Eagle Town Clerk Yuri ' ostic , Mayor 5