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HomeMy Public PortalAbout04c Resolution 2016-11-02 GC Streets IGA and FGC IGA Winter Maint and Ex. A - Fraser GC Routes 10-2016 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: TOWN OF FRASER, COLORADO BY: Town Clerk Mayor (S E A L) 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FRASER AND BOARD OF COMMISSIONERS, COUNTY OF GRAND THIS AGREEMENT made and entered into this ______ 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. 2 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 requesting Party may request use of equipment, staff, and/or services from the assigning 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 assigning Party will provide the requesting Party with access to such equipment, staff, and/or services at the discretion of the Town Manager or County Manager, as the case may be, of the assigning party. The requesting Party will pay associated costs upon request of the assigning Party. The assigning 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, at no cost to the Town, the equivalent tons of salt and sand annually to accommodate winter night shift snow removal and sanding operations necessary to maintain the following sections of Grand County Roads outside the Town of Fraser limits, as depicted in [color] on Exhibit “A” and incorporated herein by reference: GCR 804, GCR 834, GCR 8 and GCR 72. [This needs clarification as to the particular roads included] 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 3 p.m. The level of service, hours of operations, and related operational decisions will be 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 assist the Town with annual salt and sand procurement for use on Town streets as may be requested by Town. County agrees to provide salt and sand materials, including hauling to County facilities for mixing, at County's costs for labor and materials to be paid by the Town. County is responsible for mixing the salt and sand. Town is responsible for hauling mixed salt sand and salt to Town facilities, or payment to County for hauling costs. County will assist Town with loading of Town trucks or allow Town to utilize County equipment to load Town trucks. County will periodically invoice Town for the costs of labor and material provided pursuant to this subsection 3.3.3 and Town will pay amounts due within 30 days after receipt of such invoice. County will notify the Town of the anticipated tonnage cost of salt sand mix on or before October 15th prior to each winter maintenance season. 3.4 Grand County Road 72 and 721 3.4.1 County will maintain those gravel sections of GCR 72 owned by Town within the boundaries of the Town of Fraser, including but not limited to snow management operations, gravel operations and magnesium chloride application, at no cost to Town, except that Town shall bear the costs of necessary replacement of existing infrastructure or improvements (culverts by way of example). Town shall pay the costs of materials for any such infrastructure replacement or improvements, and County shall be responsible for the installation of said infrastructure or improvements, at no cost to Town. 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 Town shall pay the costs of materials for any necessary replacement of existing infrastructure or improvements (culverts by way of example), other than gravel and magnesium chloride. County will be responsible for the installation of said type of infrastructure replacement or improvements, at no cost to Town. 3.4.3 Notwithstanding the foregoing, Town shall not be responsible for costs of additional infrastructure or improvements to said GCR 72 or GCR 721 that become necessary due to development of adjacent or surrounding properties in the County (such 4 as the land owned by Byers Peak Properties LLC). 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 those portions of County Roads 8, 804, and 72 located within the Town of Fraser limits 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. 4.3 Each Party shall maintain appropriate property, general liability, auto liability, errors and omissions, and workers' compensation insurance for their respective employees and equipment. Both municipalities shall retain liability individually for work performed by their respective employees and equipment, regardless of the jurisdiction where the work takes place, subject to the provisions in Section 4.1 hereof. 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. 5 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. MISCELLANEOUS. 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. 8.2 This Agreement is solely for the benefit of Town and County, and no rights or causes of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a party hereto, including without limitation any person using the streets, roads or other facilities of the Parties. 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. TOWN OF FRASER _________________________________ Philip Vandernail, Mayor ATTEST: _________________________________ Town Clerk BOARD OF COMMISSIONERS, COUNTY OF GRAND _______________________________ E. Jane Tollett, ATTEST: _______________________________ Sara Rosene, Clerk to the Board ST721 ST831 ST837 ST836 ST8 ST830 ST72 ST834 ST850 ST838 ST835 ST8342 ST8030 ST8350 ST8341 ST8036 ST804 ST50 ST833 ST808 ST8032 ST839 ST73 ST832 ST803 ST840 ST8031 ST731 ST8403 ST8037 ST8344 ST8360 ST8500 ST8312 ST8343 ST8039 ST8321 ST834ST834 ST8032 Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Scale in Miles Grand County G.I.S. GRAND COUNTY GOVERNMENT Courthouse, 308 Byers Ave., P.O. Box #264 Hot Sulphur Springs, CO 80451 Phone (970) 725-3347 Fax (970) 725-3303 COUNTY MAP Mapped, edited, and published by the Grand County Geographic Information System (GCGIS) Dept. Compiled from U.S. West Landbase Data digitized from the Grand County Assessor Parcel Base Maps. Map Edited 2016 AG PROJECTION: Colorado State Plane Coordinate System North Zone 3451 1983 North American Datum (NAD83) DISCLAIMER: This map is for illustrative purposes only, and is not suitable for parcel specific decision making. UNDER NO CIRCUMSTANCES SHALL GCGIS DATA BE USED FOR FINAL DESIGN PURPOSES. More site-specific studies may be required to make decisions and draw accurate conclusions. This product has been developed for County use only. The GIS database and data in the products are subject to constant change. Its accuracy and completeness cannot be guaranteed. GCGIS makes no warranties or guarantees, either expressed or implied, as to the accuracy, completeness, or correctness of such products nor accepts any liability arising from any incorrect, incomplete or misleading information contained therein. (c)Copyright 1998 by the County of Grand, Colorado,U.S.A. The information contained herein is for personal use Only. Any redistribution of this information is Strictly prohibited without permission by the County of Grand, Colorado. Image Data from ESRIWeb Mercator AuxiliarySphere (WKID 102100)Aerial Photography Last Updated: May 2014.0 0.25 0.50.125 Miles Town of Fraser/Grand County IGA EXHIBIT A Fraser OwnedCountyMaintained Map Legend CITYNAME County Roads STATUS County Owned/Fraser Maintained GCR STREET NAME LANE MILEAGEFRASER US Hwy 40 UPRR PRI SEC NCM CR72-CR721 GCR 72 Tubing Hill .62 GCR 721 FVPWY 1.58 GCR 8 GCR8 2.3 GCR 804 GCR804 1.06 GCR 834 CRANMER AVE 1.44