HomeMy Public PortalAboutResolution 2016-12-16 Authorizing the Town Manager to Enter into a Memorandum of Understanding (MOU) with Headwaters Trails Alliance Regarding the Winter Trail Grooming Program TOWN OF FRASER
RESOLUTION 2016-12-16
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO A MEMORANDUM
OF UNDERSTANDING (MOU) WITH HEADWATERS TRAILS ALLIANCE REGARDING THE
WINTER TRAIL GROOMING PROGRAM
BE IT HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
1. The Town Manager is hereby authorized to enter into the attached Memorandum of
Understanding with Headwaters Trails Alliance regarding the Winter Trail Grooming
Program.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF
TRUSTEES THIS 7th DAY OF DECEMBER, 2016.
Votes in favor: (..0BOARD TRUSTEES OF THE
Votes opposed: nTOWN QF FRASER, COLORADO
Absent: l
Abstained: 0 BY: ,)
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MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING (the"MOU") is made and entered into this 1st day of
December,2016,in order to memorialize the terms of agreement for the Winter Trail Grooming Program on the
Fraser River Trail between HEADWATERS TRAIL ALLIANCE (hereinafter"HTA") and the Town of Fraser
(hereinafter"Fraser").
RECITALS:
WHEREAS,the Fraser River Trail(FRT) goes through property owned by the Town of Fraser and
WHEREAS,HTA was formed to advocate and manage trails in Grand County,Colorado and areas set forth in the
Plan;and
WHEREAS,HTA will cooperate with Fraser to preserve,protect,build and maintain the FRT and both entities
share the common goal of creating and sustaining the public trail and access for all appropriate recreational users;
and
WHEREAS,the parties desire to enter into an agreement regarding their rights and obligations for FRT 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 Winter River Trail and
Fraser River Trail and new Winter Meadow Loop in Fraser.
2. HTA will assume all responsibilities for the program.
3. HTA is not authorized to make any changes to trail alignments or any other trail improvements without prior
approval from Fraser.
4.HTA will immediately provide written report regarding any safety concerns noted on the trail and any accidents or
incidents that may occur during grooming operations to Fraser concerning incidents on the Fraser section of the
WRT/FRT.
5. HTA agrees to coordinate any grooming or maintenance activities with Fraser and further agrees to work
around any activities performed by Fraser during the course of normal business and any special events that may be
occurring during the winter season. HTA will provide contact information to Fraser with information regarding
scheduled operations.This contact person currently is: Meara McQuain 726-1013 or mmicheleco.grand.co.us.
Fraser's contact person is Jeff Durbin,Fraser Town Manager.
6. Winter Trail Grooming Operations are not Fraser operations and volunteers or employees related to the
program are not Fraser employees,contractors,or agents.
7. Fraser may require any changes to the Winter Trail Grooming Program it deems necessary to ensure the safety
of trail users or the general public on the portion of the trail on Fraser property.
8. HTA and/or Fraser may terminate this agreement in writing at any time without cause or notice.
9. This agreement does not provide any waiver of governmental immunity as provided by Colorado Statutes.
10. HTA agreesto indemnify and defend Fraser for any claims resulting from the Winter Trail Grooming
Program HTA further agrees to name Fraser as additional insured in a form and amount acceptable to.Fraser,and
provide Fraser with a certificate of liability insurance coverage evidencing the Town of Fraser as an additional
insured with respects to the Winter Trail Grooming Program.
•
11. The Town of Fraser agrees to reimburse HTA the full amount of the Fraser portion of the winter trail
groomingoperations performed by Mountain States Snowcats,Jeremy Straley,principal,in Fraser from Safeway to
Rendezvous Road- HTA will pay Mountain States Snowcats directly each month and will submit an invoice with all
monthly bills in April for reimbursement Grooming operations for the Frasersection of trail is estimated to cost
between$5,500-$7,000 each year(subject to snowfall and conditions).
12.: HTA will manage the winter grooming program and will have trails groomed on Sunday and Thursday nights
and when heavy/large snowfall requires additional grooming. :
13. This agreement is effective throughout the 2016-2017 winter unless terminated sooner as provided above-.
The terms outlined within this agreement have been accepted and agreed to by the following parties on this 1St day.
of December,2016:'
0 o ra - •
urbin,Town Manager
Headwaters Trails Alliance -
Meara McQuain,Executive Director