HomeMy Public PortalAboutResolution 2016-11-02 Authorizing Execution of an Intergovernmental Agreement with Grand County Regarding Street Maintenance TOWN OF FRASER
RESOLUTION 2016-11-02
A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
WITH GRAND COUNTY REGARDING STREET MAINTENANCE
WHEREAS, The Fraser Town Board has determined that intergovernmental cooperation is an
effective means to improve levels of service in a most cost effective manner.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO THAT:
The Mayor is authorized to execute the attached Intergovernmental agreement with Grand
County regarding street maintenance upon approval of all language by the Town Manager and
Town Attorney.
DULY MOVED, SECONDED AND ADOPTED THIS 16th DAY OF November, 2016.
BOARD OF TRUSTEES OF THE
ATTEST: _ TOW RASER, COLORADO
GYj `"`k0. BY:
Town rk Mar
(S E A L)
OF F-/xi
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LORA
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF FRASER ,
• AND
BOARD OF COMMISSIONERS,COUNTY OF GRAND
THIS AGREEMENT made and entered into this 22 day of November, 2016, by and
between the TOWN OF FRASER (hereinafter referred to as "TOWN") and BOARD OF
COMMISSIONERS, COUNTY OF GRAND (hereinafter referred to as "COUNTY"), and
collectively referred to as "PARTY or PARTIES."
WHEREAS,Town and County have benefited from cooperative efforts between the Fraser
Public Works Department and County Road&Bridge Department;and
WHEREAS, Town and County mutually agree that sharing of equipment, employees and
services in a cooperative and efficient manner would be beneficial to each Party, as well as its
visitors and citizens;and
WHEREAS, the Town and County mutually agree to memorialize historical cooperative
maintenance efforts, as well as .set forth a directive concerning long term maintenance,
improvement and replacement of proportionally shared infrastructure;and
WHEREAS, cooperation among Parties is not only a proper exercise of municipal and
county 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,the Parties agree as follows:
1. AUTHORITY FOR AGREEMENT.
1.1 This Intergovernmental Agreement is being entered into by the Parties pursuant to
the authority granted to local government in Colorado Revised Statute 29-1-203,which allows the
Parties 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 The term of this agreement shall commence upon execution by both Parties and
shall continue until terminated by a Party. Either Party may terminate its rights, duties, obligations
or requirements imposed herein only after providing written notice of termination to the other Party
at least ninety days prior to the effective termination date.
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2.2 The Parties 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.
3. SHARED EQUIPMENT,EMPLOYEES,AND SERVICES.
3.1 Shared Equipment and Employees. Parties agree to provide mutual equipment
and employee aid when unforeseen factors such as personnel, weather conditions, equipment
breakdown or other unique circumstances exist.
3.1.1 The borrowing Party may request use of equipment,staff,and/or services from
the lending Party. Such equipment, staff, and/or services may include, but are not limited
to,heavy equipment,equipment operators,vehicles,or other specialized equipment.
3.1.2 The lending Party will provide the borrowing Party with access to such
equipment,staff,and/or services at the discretion of the Town Manager or County Manager.
The borrowing Party will pay associated costs upon request of the lending Party. The
borrowing Party agrees'to assume'responsibility for any liabilities associated with such
shared equipment,employees,or services.
3.1.3 Notwithstanding the sharing of equipment, materials and employees
contemplated throughout this Agreement, each party shall remain the employer of its respective
employee(s) performing services under this Agreement, regardless of ownership or jurisdiction
over the roads upon which services are performed and regardless of ownership of equipment in
use. Each party shall be responsible for supervision and direction of its employees performing
services under this Agreement.
3.3 Snow Management Operations. Parties agree to the following winter snow
management operations and obligations:
3.3.1 County will provide and haul to Town the equivalent tons of salt sand
annually to accommodate winter night shift snow removal and sanding operations
necessary to maintain the following sections of Grand County Roads as depicted on
Exhibit"A" and incorporated herein by reference: GCR 8, GCR 804, GCR 834, GCR 72
and GCR 721.
3.3.2 Town will provide the above snow management operations on those
County Roads depicted on Exhibit"A" as may be necessary and for bus routes after 3:00
p.m. The level of service, hours of operations, and related operational decisions will be
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as determined necessary or appropriate at the discretion of the Town. Should the Town
be unable to provide for adequate levels of service due to manpower, weather conditions,
or related matters, the Town will contact County and County will assist as it deems
appropriate.
3.3.3 County will partner with Town on annual salt and sand procurement as
may be requested by Town. Cost of salt and sand tonnage, including hauling costs to
County or Town, is the responsibility of the Town. County is responsible for mixing the
salt and sand. Town is responsible for hauling mixed;salt sand to Town. County will
assist Town with loading of Town trucks or allow Town to utilize County equipment to
their trucks.
3.4 Grand County Road 72 and 721
3.4.1 County will maintain those gravel sections of GCR 72 owned by the Town
of Fraser within the Town of Fraser. The cost of needed infrastructure replacement or
improvements(culverts by way of example) are the responsibility of the Town. County is
responsible for the installation of said infrastructure.
3.4.2 Town of Fraser owns GCR 721, which is located outside the Town of
Fraser municipal boundary. County has historically maintained GCR 721, including but
not limited to snow management operations, gravel operations and magnesium chloride
application. This IGA memorializes the existing ownership and County maintenance of
GCR 721 until such time GCR 721 is either annexed into the Town of Fraser or otherwise
deeded, conveyed to and accepted by the County. The cost of needed infrastructure
replacement or improvements (culverts by way of example), other than gravel and
magnesium chloride, are the responsibility of the Town. County is responsible for the
installation of said type of infrastructure replacement orimprovements.
3.5 Long Term Maintenance, Improvement and Replacement Projects. The parties
agree that capital expenditures necessary for long term maintenance, improvement or
replacement projects on County Roads 8, 804, and 72 will be shared proportionally based on
average daily trips of vehicular traffic as mutually agreed in a further intergovernmental
agreement specific to the project.
4. INSURANCE AND LIABILITY.
4.1 The Governmental Immunity Act, Colorado Revised Statute '24-10-101,et seq., as
amended,provides protection to both Parties 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.
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4.3 Each Party shall maintain appropriate property,general liability, auto liability, errors
and omissions, and workers' compensation insurance for the services provided within their
respective jurisdictions.
5. ADOPTION OF AGREEMENT BY RESOLUTION AND LEGALLY BINDING
STATUS.
5.1 This Agreement shall be deemed in force as to the Parties when the same has been
adopted or approved by Town and County resolution for each Party.
5.2 After such adoption or approval, this Agreement shall be binding upon the Parties
and the covenants hereof may be enforced by appropriate remedy by any one or more of the Parties
against any other Party.
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 attorneys'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 Party in the same manner as
this Agreement.
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.
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.
IN WITNESS WHEREOF, and intending to be legally bound hereby, in accordance with
proper resolution of each of the governing bodies of the Parties, we have hereunto caused this
instrument to be executed and the Town municipal seal affixed the day and year written above.
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77N OF FRASER
Phi i• p Vandernail,Mayor
•
ATTEST:
I Bei Town Cleric
BOARD OF COMMISSIONERS,COUNTY OF GRAND
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E.Jan- ;of lett,
ATTEST:
ROsene,Cleric to the Board
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