HomeMy Public PortalAboutResolution 2012-03-04 Authorizing Execution of an Intergovernmental Agreement with the Town of Winter Park to Provide for the Sharing of Staff and EquipmentA RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
WITH THE TOWN OF WINTER TO PROVIDE FOR THE SHARING OF STAFF AND
EQUIPMENT
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
1. That the Mayor is hereby authorized to execute the attached Staff and Equipment Sharing
Intergovernmental Agreement with the Town of Winter Park.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 7 DAY OF MARCH, 2012.
Votes in Favor: b
Votes Opposed: 'a
Absent: I
Abstained: 6
TOWN OF FRASER
RESOLUTION NO. 2012 -03 -04
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
By:
Mayor
ATTEST:
Town krk
THIS AGREEMENT is made and entered into this 21 day of March, 2012, by and
between the TOWN OF FRASER, a Colorado municipality with an address of P.O. Box 370,
Fraser, CO 80442 (hereinafter referred to as "Fraser and the TOWN OF WINTER PARK, a
Colorado municipality with an address of P.O. Box 3327, Winter Park, CO 80482 (hereinafter
referred to as "Winter Park collectively referred to as "municipalities."
WHEREAS, Fraser and Winter Park have benefited from cooperative efforts between the
Public Works Departments of each municipality; and
WHEREAS, Fraser and Winter Park mutually agree that continued sharing of equipment
and personnel would be beneficial to each municipality; and
WHEREAS, cooperation among adjoining and adjacent municipalities is not only a proper
exercise of municipal governmental powers and duties under and pursuant to Colorado Revised
Statute 29 -1 -203, but will also permit and be conducive to the furnishing of such services in the
most cost effective way possible.
NOW, THEREFORE, in consideration of their mutual rights and obligations as set forth
below, Fraser and Winter Park agree as follows:
1. AUTHORITY FOR AGREEMENT.
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF FRASER
AND
THE TOWN OF WINTER PARK
1.1 This Intergovernmental Agreement is being entered into by the municipalities
pursuant to the authority granted to municipalities in Colorado Revised Statutes §29 -1 -203, which
allows governments to cooperate or contract with one another to provide any function, service, or
facility lawfully authorized to each of the cooperating or contracting units.
2. TERM OF AGREEMENT, WITHDRAWAL OR DISSOLUTION.
2.1 Subject to the provisions of Subparagraph 2.2, the term of this Agreement shall
continue indefinitely and no municipality can terminate its rights, duties, obligations or
requirements imposed herein without the consent of all parties hereto.
2.2 Fraser and Winter Park acknowledge that their obligations under this Agreement
are subject to annual appropriation by the governing body of each respective party and shall not
constitute or give rise to a general obligation or other indebtedness of either party within the
meaning of any constitutional or statutory provision or limitation of the State of Colorado nor a
mandatory charge or requirement against either party in any ensuing fiscal year beyond the
current fiscal year.
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3. SHARED EQUIPMENT, EMPLOYEES, AND SERVICES.
3.1 The requesting municipality may request use of equipment, staff, and /or services
from the assigning municipality. Such equipment, staff, and /or services may include, but are not
limited to, heavy equipment, equipment operators, vehicles, or other specialized equipment.
Employees of the assigning municipality will remain, at all times, employees of the assigning
municipality.
3.2 The assigning municipality will provide the requesting municipality with access to
such equipment, staff, and /or services at the discretion of its Town Manager. The requesting
municipality will pay associated costs upon request of the assigning municipality. The assigning
municipality agrees to assume responsibility for any liabilities associated with such shared
equipment, employees, or services.
4. INSURANCE AND LIABILITY.
4.1 The Governmental Immunity Act, Colorado Revised Statutes 24 -10 -101, et seq.,
as amended, provides protection to both municipalities and their employees.
4.2 The services performed and the expenses incurred under this Agreement shall be
deemed for public and governmental purposes, with any immunities thereunto appertaining.
4.3 Each municipality shall maintain appropriate property, general liability, auto liability,
errors and omissions, and workers' compensation insurance for their respective employees and
equipment. Both municipalities shall retain liability individually for work performed by their
respective employees and equipment, regardless of which jurisdiction any work takes place in.
5. APPROVAL OF AGREEMENT BY ORDINANCE OR RESOLUTION AND LEGALLY
BINDING STATUS.
5.1 This Agreement shall be deemed in force as to the municipalities when the same
has been approved by ordinance or resolution of all the participating municipalities.
5.2 After such approval, this Agreement shall be binding upon the municipalities and
the covenants hereof may be enforced by appropriate remedy.
5.3 In any legal action brought by any party to this Agreement to enforce the terms
hereof, the prevailing party shall be entitled to all costs incurred in connection with the action,
including reasonable attorney fees.
6. AMENDMENTS.
6.1 This Agreement may be amended, modified, changed, or terminated in whole or in
part only by a written agreement duly authorized and executed by each municipality in the same
manner as this Agreement.
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7. SEVERABILITY.
7.1 Should any of the provisions of this Agreement be held to be invalid or
unenforceable, then the balance of this Agreement shall be held to be in full force and effect as
though the invalid portion was not included; provided, however, that should the invalidity or
unenforceability go to the essence of the Agreement or be of a substantial nature, then the party
or parties who would receive the benefit of the provision, were it not invalid or unenforceable, shall
have the option to terminate this Agreement, forthwith.
8. GOVERNING LAW AND VENUE.
8.1 This Agreement shall be governed by, and interpreted in accordance with, the laws
of the State of Colorado, and venue for any action arising out of any dispute hereunder shall be
in the Grand County District Court of the State of Colorado.
9. MISCELLANEOUS.
9.1 There are no intended third -party beneficiaries to this Agreement.
9.2. This Agreement constitutes the entire agreement between Winter Park and
Fraser, superseding all prior oral or written communications.
9.3 Any notice under this Agreement shall be in writing, and shall be deemed
sufficient when directly presented or sent pre -paid, first class United States Mail to the party at
the address set forth on the first page of this Agreement.
IN WITNESS WHEREOF, and intending to be legally bound hereby, in accordance with
proper ordinance of each of the governing bodies of the municipalities, we have hereunto caused
this instrument to be executed and the municipal seals affixed the day and year written above.
ATTEST:
CA-
Lu Berger, Town
TOWN OF FRASER
Fran Cook, Mayor
ATTEST: oo W it TOWN OF WINTER PARK
Katie Buss Town Clerk
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s F. Myers, Mayor