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Home My WebLink AboutC99-060 Town of BasaltJ Cq9-60-a3 AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND TOWN OF BASALT THIS AGREEMENT, made and entered in to this b day of 19991, 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 Basalt, (hereinafter referred to as "Town"). WITNESETH: WHEREAS, Resolution No. 96-22 created the Eagle County Transportation Authority and provided for its duties and powers, which include determining grants to be funded from the monies budgeted and appropriated therefor; and WHEREAS, on February 18, 1999, the Eagle County Transportation Authority approved the Grant Application of Town and recommended to the Eagle County Board of County Commissioners that a grant for fiscal year 1999 in the amount of $45,200.00 be awarded toTown; and NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree hereby as follows: 1. SCOPE A. The Town of Basalt wishes to construct four bus shelters at the following locations: 1. Down valley by library 2. Up valley across from library 3. Down valley by Sagewood 4. Up valley by El Jebel City Market (See Exhibit A) 2. PERIOD OF AGREEMENT A. The term of this Agreement shall commence on the date the Agreement is executed by both parties and end December 31,1999. However, the County may terminate the contract between the County and the Contractor (therefore terminating this Agreement) on ten (10) days' notice if it is deemed by the County that the project is not fulfilling the program as specified in the project application or for other sufficient reasons. Any unexpended funds may be required to be returned to the County as well as any funds not properly expended according to project objectives. 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. TOWN OF BASALT'S DUTIES The Town shall comply with the following Requirements: A. All funds received under this Agreement shall be expended solely for the purpose of which granted, 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. 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. 4. PAYMENT A. In order to receive the funds granted under this Agreement, Contractor will submit quarterly invoices for payment to the Director of the Eagle County Regional Transportation Authority, P.O. Box 1564, Avon, Colorado 81620. Payment will be made according to the County's regular bill paying procedure. 2 `m ' 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 c/o County Attorney P.O. Box 850 Eagle, Colorado 81631 TOWN OF BASALT: Town of Basalt c/o Tom Baker, Town Manager 101 Midland Ave. Basalt, CO 81621 6. MODIFICATIONS AND WAIVER The Town shall not assign any rights or 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. 7. MISCELLANEOUS A. The parties of this Agreement intend that the relationship of the Contractor to the County is that of an independent contractor. No agent, employee or volunteer of the Contractor shall be deemed to be an agent, employee or volunteer of the County. B. This Agreement shall be binding upon and inure to the benefit of the Contractor 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 parry. C. In the event that a dispute should arise relating to the performance of the services to be provided 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. 3 -MI, 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. Contractor shall indemnify and hold harmless the County with respect to any claims, liability, or judgments from any acts or omissions of the Contractor, and any of the Contractor's officers, employees, agents or volunteers. F. The Contractor shall comply with all applicable laws, resolutions, and codes of the State of Colorado and the County of Eagle and all federal laws barring discrimina- tion. G. No employee or official of either party shall have any personal financial interest, direct or indirect, in this Agreement. H. Notwithstanding anything to the contrary contained in this agreement, County shall have no obligations under this Agreement, nor shall any payment be made to the Town in respect of any period after any December 31 of each calendar year during the term of this Agreement, without an appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget law (C.R.S. §29-1-101 et seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20). 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 REGIONAL TRANSPORTATION ATTEST: AUTHORITY By: Cle®rii727(_nal _ airman Transportation Airlhority Cl I1 G:\RAW\CONTRACT\BASALT.GRT TOWN OF BASALT: By:�� ayor, Town of Basalt Board of Trustees FEE 12 '99 11:17AI1 TOWN OF BASALT 101 MIDLAND AVENUE - BASALT, CO 81621 (970) 927-4701 - FAX (970) 927-4703 February 11, 1999 Jim Shrum, Director ECRTA P.O. Box 1564 Avon, CO 81620 Dear Jim, . - :Y As you know ECO set aside $45,200 for the Town of Basalt for four bus shelters and a sidewalk connection. The Town feels that we have met the conditions ECO made for the release of the funds, and requests that the County take the administrative and procedural steps necessary to release the funds. The Town has revised and expanded its bus shelter plan since 1997 because the RFTA bus stops have changed since the Town made its request (the 7-11 stop has been eliminated), and RFTA and CDOT have plans to change the location of two additional stops in the Mid -valley area (Sagewood and City Market). Additional funds required to implement the Plan are projected to come from the Town's budget, developer contributions and Pitkin County. Provided on the following page is a summary of the Plan. We have been coordinating with RFTA on the location of the bus shelters and adjacent improvements. The location of the shelters is consistent with the MK Centennial report prepared for RFTA. The Town will not pour the pads for the bus shelters along Highway 82 until we have confirmation from CDOT that they have approved the exact location off the Highway 82 right-of-way for the bus stops. The bus shelters are designed to be able to be moved should future route changes occur.. Local Architect, Paul Gawrys, designed the bus shelters to be rustic in conformity with our small town character. The Town believes that the shelters will be an asset to promoting the comfort and safety of transit riders. We have two shelters under construction that should be completed shortly. We would be glad to share the design with any of the ECO or RFTA communities, Please give Susan Philp or me a call if you have any questions. 15l7rahi a�a� Tom Baker, Town Administrator Established in 1901 �1I FEB 12 099 11:18AM TOWN OF BASALT P.3 Location of Mid -Valle us Shelters to be Constructed ie Town of Basalt aV means Down Valley UV means Up Valley Location Type of Constuotion Dotes Est. Coats DV Pitkin County Park & Ride(ln Pitkln County) iDouble Wooden Shelter $ 11,400 DV Downtown by Library !Double Wooden Shelter ' i $ 11.400 DV Hillorest I Relocate plastic shelter ifrorn UV Downtown location , $ 650 DV Sagewood Single Wooden Shelter $top being moved by CDOT $ 61500 UV Downtownacross from Libra Double Wooden Shelter I $ 11,400 i UV El Jebel City Market Qouble Wooden Shelter Includes Sidewalk with ECO funds to connect to sidewalk to be constructed with Town and Developer Funds. Bus pull out to be constructed by CDOT I Is 16,600 UV Medical Center (across Sagewood) TO be d to rm ned - e possible partnership with ideveloper $ $ 66,850 Tota costs lees cost for shelter in Pitkin $ 1'1,400 equals estimated cost in Eagle I $ 45,450 funds requested from LCO 1 1 1$ 459200 A. FB 12 '99 11:1®AM TOWN OF BASALT pP 4 y i. February 11,1950 ' Jim Shrum, DlrectQr LCRTA P.O. Box 15" Avon, CO 81020 Door Jim: RFTA fully supporta the request by the Tom of Baal for the release of $45,200 for bus strop Improvements. The TO" Of 8as®tt hits coordinated With RFTA In ft tuning and plaoernW of these bus atcp lrnprov+ mnta. ThIs aoardination has enhanced, and will continue to enhance, the amenfflea for our curt mere. If you have any 4wdons, Please Ah+m us a calG . Strf�rely� Michael J. Dsvig Director of Plannl 9i 9�+teo C.r�e�x Drlvc IO�pQeti� r�ol�u tli6ii • �►1:9�Q�+�ZO�i90s F,�x:97o•9Z0•Za�4 DISTRIBUTION Orieinats to: 1. 2. E it 3. 4. Copies to: 1. Accounting 2. 3. 4.