HomeMy Public PortalAboutResolution 2013-06-02 Authorizing Execution of an Intergovernmental Agreement with the East Grand Fire Protection District No. 4 TOWN OF FRASER
RESOLUTION NO. 2013-06-02
A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT WITH THE EAST GRAND FIRE PROTECTION DISTRICT No.4.
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
1. The Town Board of Fraser, Colorado hereby authorizes the Town Manager to execute
an Intergovernmental Agreement as attached.
2. This is conditioned upon payment of all applicable fees and must be executed within
fiscal year 2013 or this approval shall no longer be effective.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 15th DAY OF MAY, 2013.
Votes in favor: i2— BOARD OF TRUSTEES OF THE
Votes opposed: rc) TOWN O FR R, COLORADO
Absent:
Abstained:
M r
ATTEST:
(S E A L)
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Town Clerk
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into effective 2013,
by and between the TOWN OF FRASER, COLORADO, a municipal corlSoration of the State of
Colorado (herein referred to as "Fraser"), and the EAST GRAND FIRE PROTECTION
DISTRICT No. 4 (herein referred to as "Fire District"), a special district of the State of Colorado
(herein referred to as "Fire District").
ARTICLE 1.0 - RECITALS AND PURPOSE
1_1 Fraser and Fire District are political subdivisions of the State of Colorado.
1_2 The constitution and Statutes of the State of Colorado, particularly Part 2, Article 1,
Title 29, Colorado Revised Statutes, as amended, authorize political subdivisions to enter into
agreements which may be of mutual benefit to both parties.
1_3 Fraser and Fire District desire to confirm their understanding and agreement on
various cooperative matters, as set forth in this Agreement.
1.44 This Agreement has been authorized and approved by the legislative body of each
of the parties hereto.
NOW THEREFORE, in consideration of the premises and the mutual promises
and covenants set forth herein, the parties agree as follows:
ARTICLE 2.0—
2.1 The Fire District has determined, for the benefit of training purposes, the need for a
Town-owned water main line to be extended from its terminus at the property line of the
Centennial Bank and the Fire District properties north along the Districts westerly property line
parallel to US Highway 40.
2.2 The Fire District has requested that Fraser extend such water main and provide the
project management for said project with respect to using Fraser and their consultants for the
design, bidding and construction management of said project.
2.3 The Fire District shall provide Fraser with proposed design criteria and
specifications for the project and Fraser will have its consultants complete the design of the
main in conformance with applicable Fraser regulations. The Fire District will review and
approve the final construction plans prior to Fraser advertising the project for bids, and the Fire
District must review and approve the bid award before Fraser awards the contract for the
project. If the award of the construction contract is not approved, the Fire District shall
reimburse Fraser for the costs incurred up to termination of the project in accordance with
Section 2.5 below.
2.4 Fraser will consult with Fire District regarding any proposed change orders related
to the project during construction, but Fraser shall retain the final decision-making authority as
to approval of any such change orders. In the event a change order exceeds $7,500, Fraser will
consult with the Fire District for which such change order may require Fire District Board
approval.
2.5 The Fire District shall reimburse the Town for the total cost of the project including a
5% administrative fee based on the final cost of the project. Payment of such amounts shall be
due within forty-five (45) days after notice by Fraser to the Fire District.
ARTICLE 3.0 - MISCELLANEOUS PROVISIONS
3.11 All notices that may be required or given pursuant to this Agreement by a party to
the other, shall be deemed to have been fully given when made in writing and deposited in the
United States first class mail, postage prepaid, and addressed as follows:
Fire District Town of Fraser
Fire Chief Town Manager
East Grand Fire Protection District Town of Fraser, Colorado
PO Box 2967 P.O. Box 370
Winter Park, CO 80482 Fraser, CO 80442
3_2 Both Fraser and Fire District are entitled to the protections and immunities provided
by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time
amended. Nothing contained herein is intended, nor shall any provision hereof be construed as
a waiver of such protections and immunities.
3_3 Nothing contained in this Agreement shall restrict or prohibit Fraser from amending,
adding to, or repealing its ordinances and regulations, including without limitation, those
applicable to water rates.
3_4 This Agreement embodies the entire agreement and understanding between the
parties relating to the subject matter hereof and may not be altered or amended except by a
writing signed by both parties and specifically referring hereto.
3_5 This Agreement shall be construed under and shall be governed by the laws of the
State of Colorado, and the District Court in and for Grand County, Colorado, shall have
exclusive jurisdiction over any court action arising there from.
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IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures, effective the
date first above mentioned.
TOWN:OF RASE--R, COLORADO EAST GRAND FIRE PROTECTION
DISTRICT NO. 4
BY° > a
o BY: <� —
President
ATTEST:
AT
Town Clerk
Secretary
( SEAL )
( SEAL )
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