TC Res. No. 1999-60RESOLUTION NO. 60
SERIES OF 1999
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF AVON AND EAGLE COUNTY
WHEREAS, Eagle County, Colorado has approved the attached intergovernmental
agreement between the county and the Town of Avon, and
WHEREAS, the said agreement will result in the Town of Avon receiving a $200,000
grant for construction of the West Avon Trail (a bike and pedestrian trail),
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The Mayor is hereby authorized to execute on behalf of the Town of Avon
the attached intergovernmental agreement between the Town of Avon and Eagle County.
ADOPTED this 14 day of December , 1999.
TOWN OF AVON, COLORADO
10y Yode or
AGREEMENT
BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
THE TOWN OF AVON
THIS AGREEMENT, made and entered into this 34 day of necember '1999,
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 Avon, Colorado (hereinafter referred to
as the "Contractor").
WHEREAS, Resolution No.96-22 created the Eagle County Transportation Authority and
provided for its duties and powers, which include determining grants and bikeway projects to be
funded from the monies budgeted and appropriated therefor; and
WHEREAS, on August 19, 1999, the Eagle County Transportation Authority, based on the .
recommendation of the Eagle Valley Trails Committee, approved the request of the Town 'of
Avon for funding for the West Avon Trail in the total amount of $200,000 to be awarded to the
Contractor for the project.
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 awarded the grant funds to the Town of Avon as Contractor in the
amount of $200,000 for the purpose of providing funds for the construction of a
pedestrian and bicycle trail within the Town of Avon, all for the benefit of the
residents of Eagle County.
B. In consideration for the monetary payment described in the preceding paragraph,
Contractor shall utilize and spend the funds provided solely for the following
specific purpose(s); subject to the general terms and conditions as stated herein:
i. The Trail will be built to the standards set forth in the design drawings submitted
by the Contractor in its request for funding.
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, 2000, unless the Agreement is
extended by both parties prior to the end date stated herein. Any unexpended funds
may be required to be returned to the County as well as any funds not properly
expended according to project objectives. However, the County may terminate this
Agreement contract between the County and the Contractor 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.
B. Notwithstanding the above, in the event the Contractor becomes insolvent, or is
declared banknipt, or dissolves, then the County may declare in writing that this
Agreement is terminated, and all rights of the Contractor and obligations of the
County shall thereupon terminate and cease immediately.
3.' PAYMENT
A. In order to receive the funds granted under this Agreement, Contractor will submit
quarterly invoices 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.
4. CONTRACTOR'S DUTIES
The Contractor 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 Contractor shall maintain adequate records of matching expenditures for
reporting to the County. The Contractor 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 fiords
is discovered by an auditor, the Contractor shall return said misused funds to the
County.
C. The Contractor authorizes the County to perform audits and to make inspections
during normal business hours at the convenience of the Contractor, with forty-eight
2
(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
c/o County Attorney
P.O-. Box 850
Eagle, Colorado 81631
THE CONTRACTOR
Town of Avon
P.O. Box 975
Avon, Colorado 81620
6. MODIFICATIONS AND WAIVER
The Contractor 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 party.
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 claim4elated 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. Subject to the limitations of liability contained in the Colorado Governmental
Immunity Act, 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,
discrimination.
G. No person shall have any personal financial interest, direct or indirect, in this
Agreement.
H. The County's financial obligations under this agreement are contingent upon its
receiving sufficient revenues within its budget
I. The Town of Avon shall be responsible for all maintenance and liability associated
with the Trail project being funded through this Agreement. This maintenance
responsibility shall be subject to future review and reconsideration by the Eagle
County Regional Transportation Authority, at their or the Town of Avon's request.
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 Contractor.
4
ATTEST:
CIA to the Regional
Transportation Authority
COUNTY OF EAGLE, STATE OF
COLORADO by and through its
REGIONAL TRANSPORTATION
AUTHORITY
By:
Kevin Foley, atimm
CONTRACTOR:
TOWN OF AVON
By:
edy Yo ayor
AVON. TRAIL PROJECT COST ESTIMATE:
Section I:
Survey and Environmental (wetland) Mapping
$4,000
Trail Design
$3,000
Construction
$45,000
Contingencies
$7,800
Total Section I: $59,800
Section 11:
Mapping and Trail Design $27,500
Construction $175,000
Contingencies $30,375
Total Section Ih $232,875
Total Estimated Project Cost: $292,675
AVON TRAIL FUNDING SOURCES:
Town of Avon (31%): $92,675 cash
ECO Trails (69%): $200,000 cash
Total Funding: $292,675