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.
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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 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.
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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
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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)
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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