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HomeMy Public PortalAboutResolution 2012-12-15 Authorizing the Entering into a Memorandum of Understanding with Headwaters Trails Alliance for Snow Grooming Services TOWN OF FRASER RESOLUTION NO. 2012-12-15 A RESOLUTION AUTHORIZING THE ENTERING INTO A MEMORANDUM OF UNDERSTANDING WITH HEADWATERS TRAILS ALLIANCE FOR SNOW GROOMING SERVICES BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Town Manager is hereby authorized to execute the attached Memorandum of Understanding with Headwaters Trails Alliance for snow grooming services. DULY MOVED, SECONDED, AND ADOPTED THIS 5th DAY OF DECEMBER, 2012. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: is�-' TOWN O RASE OLORADO Absent: Abstained: BY: Mayo ATTEST: (SEAL) a&a 9 A Town Clerk MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING (the "MOU") is made and entered into this 5th day of December, 2012 in order to memorialize the terms of agreement for the Volunteer Winter Grooming Program on the Fraser River Trail between the HEADWATERS TRAIL ALLIANCE (hereinafter"HTA") and the TOWN OF FRASER, by and through its Fraser Board of Trustees (hereinafter"TOWN'). RECITALS: WHEREAS, the Fraser River Trail is owned by the TOWN and is located on open space owned by the TOWN or within easements held by the TOWN; and WHEREAS, HTA was formed to advocate and manage trails in Grand County, Colorado and the incorporated areas set forth in the Plan; and WHEREAS, HTA is in partnership with the TOWN to preserve, protect, build and maintain trails in the TOWN and throughout Grand County and both entities share the common goal of creating and sustaining the public system of networked trails and access for all appropriate recreational users; and WHEREAS, the parties desire to enter into an agreement regarding their rights and obligations for Volunteer Winter Trail Grooming. NOW THEREFORE BE IT AGREED AS FOLLOWS: RIGHTS AND OBLIGATIONS OF THE PARTIES: 1. HTA has agreed to establish and manage a Winter Trail Grooming Program for the Fraser River Trail. 2. HTA will assume all responsibilities for the program which will include, at a minimum, the following: a. HTA will ensure that all volunteers execute appropriate liability waivers and release forms. b. All volunteers will be provided with appropriate safety training and grooming education to ensure safe grooming operations and safe trail conditions for trail users (including but not limited to pedestrians, snowshoes, nordic skiers, and bicyclists). c. All volunteer groomers must wear/use appropriate safety equipment and proper winter clothing. d. All volunteers must wear safety vest and have orange pole-mounted safety flag on equipment during grooming operations. e. "GROOMERS ON TRAIL" signage shall be posted during grooming operations in appropriate locations to inform users of operations ahead. f. Volunteers shall be prepared to respond to inquiries from the general public/trail users regarding the nature of the grooming operations and that no unauthorized motorized vehicles are permitted on TOWN trails. g. HTA and volunteers are not authorized to make any changes to trail alignments or any other trail improvements without prior approval from TOWN. h. HTA will immediately provide TOWN with a written report regarding any safety concerns noted on the trail and any accidents or incidents that may occur during grooming operations. i. HTA will incorporate any other appropriate program requirements and volunteer arrangements to implement the Winter Grooming Program. j. HTA will remedy any damage to Town facilities or safety concerns caused by grooming operations immediately upon notice by TOWN or other timeframe as agreed to by both parties. 3. The TOWN agrees to support the Winter Trail Grooming Program as follows: a. The TOWN will use reasonable efforts to avoid excessive snow storage within areas needed for grooming access to the trail or at locations where the trail crosses a roadway. HTA recognizes that public safety along roadways will take precedence in the TOWN's snow management operations, and TOWN will use its best efforts to incorporate HTA requests to change snow management practices to accommodate the Winter Trail Grooming Program. b. The TOWN makes no representation that the existing bridges on the trail are adequate to support grooming equipment, but, will use reasonable efforts to make improvements to bridges and other improvements necessary to support the Winter Trail Grooming Program. c. The TOWN is currently a funding partner of HTA. The TOWN is not committing any further financial support to this program. 4. HTA agrees to coordinate any grooming or maintenance activities with the TOWN and further agrees to work around any activities performed by the TOWN during the course of normal business and any special events that may be occurring during the winter season. HTA will provide contact information to the Fraser Winter Park Police Department along with information regarding scheduled operations. 5. Winter Trail Grooming Operations are not TOWN operations and volunteers or employees related to the program are not TOWN employees, contractors, or agents. 6. The TOWN may require any changes to the Winter Trail Grooming Program it deems necessary to ensure the safety of trail users or the general public. 7. HTA and/or the TOWN may terminate this agreement at any time without cause upon written notice. 8. This agreement does not provide any waiver of governmental immunity as provided by Colorado Statutes. 9. This agreement provides no conveyance of property rights and is not assignable. 10. HTA agrees to indemnify and defend the TOWN for any claims resulting from the Winter Trail Grooming Program. HTA further agrees to name the TOWN as an additional insured in a form and amount acceptable to the TOWN, and provide the TOWN with a certificate of liability insurance coverage evidencing the TOWN as an additional insured with respect to the Winter Trail Grooming Program. 11. This agreement is effective throughout the 2010-2011 Winter or no later than May 1, 2011. 12. Notice and Certification. All notices and communications required by this contract shall be in writing and shall be either personally delivered, sent by certified United States mail, return receipt requested, to the addresses set forth below, or by facsimile to the numbers set forth below: To the HTA: The Town of Fraser: Headwaters Trail Alliance Town of Fraser P.O. Box 946 P.O. Box 370 Granby, CO 80446 Fraser, CO 80442 The terms outlined within this agreement have been accepted and agreed to by the following parties on this 7th day of October, 2009: TOWN O ASER Town Manager ATTEST: W 1 Lu Berger, Town CI k [S E A L]