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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. 1 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. 2 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 3 s F. Myers, Mayor