HomeMy Public PortalAboutResolution 2014-12-21 Authorizing the Entering into a Memorandum of Understanding with Headwaters Trails Alliance for Snow Grooming ServicesTOWN OF FRASER
RESOLUTION NO. 2014-12-21
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.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 3rd DAY OF DECEMBER, 2014.
Votes in favor:
'7
Votes opposed:
Absent:
Abstained:
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BOARD OF,TRUSTEES OF THE
TOWN O FtFFASE��ORAD(
BY:
ATTEST:
Town Clerk
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING (the "MOU") is made and entered into this 10th
day of December, 2014 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 forrteer Contract 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 coordinate the program which will include, at a minimum, the following:
a. HTA will provide Town with contract for Town approval prior to execution.
Contractor will coordinate grooming operations with Town and contract will
provide that contractor 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 will fund this
program not to exceed $3,000.
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 VolunteeFs 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 2014-2015 Winter or no later than May 1,
2015.
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:
Headwaters Trail Alliance
P.O. Box 946
Granby, CO 80446
The Town of Fraser
P.O. Box 370
Fraser, CO 80442
The terms outlined within this agreement have been accepted and agreed to by the following
parties on this 4th day of September, 2013:
P)
OF F
anager
[SEAL] \,coc Ro o°
HEADWATERS TRAIL ALLIANCE
President
STATE OF COLORADO )
ss.
COUNTY OF )
Acknowledged before me on , 2014, by , as
(date of signing) (name of signer)
for the
Title (owner/president) (company)
Witness my hand and official seal.
My commission expires:
[S E A L]
3
Notary Public