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Home My Public Portal About6a Resolution 2017-03-01 Weed IGA_Draft TOWN OF FRASER RESOLUTION 2017-03-01 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT REGARDING THE GRAND COUNTY WEED ADVISORY BOARD 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 Intergovernmental Agreement Regarding the Grand County Weed Advisory Board. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 22th DAY OF FEBRUARY 2017. Votes in favor: ___ BOARD TRUSTEES OF THE Votes opposed: ___ TOWN OF FRASER, COLORADO Absent: ___ Abstained: ___ BY: Mayor ATTEST: (S E A L) Town Clerk 2 Intergovernmental Agreement Regarding the Grand County Weed Advisory Board THIS INTERGOVERNMENTAL AGREEMENT (“IGA”), is made and entered into this ___day of ______________ 2017, by and among the Board of County Commissioners of Grand County (the “ County”), the Town Council of the Town of Winter Park, Colorado (“Winter Park”), the Board of Trustees of the Town of Fraser, Colorado (“Fraser”), the Town Council of the Town of Granby, Colorado (“Granby”), the Town Council of the Town of Grand Lake, Colorado (“Grand Lake”), the Town Council of the Town of Hot Sulphur Springs, Colorado (“Hot Sulphur Springs”), the Town Council of the Town of Kremmling, Colorado (“Kremmling”), all of which are either a County, or a statutory or home rule city, or a statutory town or home rule town, or a territorial charter municipality, or a city and county, and all such entities are collectively referred to herein as the “Parties”. WITNESSETH WHEREAS, the County is obligated pursuant to C.R.S. §35-5.5-105(1) to adopt a noxious weed management plan for all of the unincorporated lands within the county; and WHEREAS, Winter Park, Fraser, Granby, Grand Lake, Hot Sulphur Springs, and Kremmling are obligated pursuant to C.R.S. §35-5.5-106(1) to adopt a noxious weed management plan for all lands within the territorial limits of the municipality; and WHEREAS, pursuant to C.R.S. §29-1-201 et seq., C.R.S. §35-5.5-105(3), and C.R.S. §35-5.5-106(3), the County, Winter Park, Fraser, Granby, Grand Lake, Hot Sulphur Springs, and Kremmling may cooperate with other counties and/or towns for the exercise or satisfaction of any or all of the powers, authorities and obligations granted or imposed by the Colorado Noxious Weed Act, C.R.S §35-5.5-101 et seq. (the “Act”); and WHEREAS, pursuant to C.R.S. §35-5.5-111, the local governing bodies of all counties and municipalities of the State of Colorado are authorized to enter into cooperative agreements with federal and state agencies for the integrated management of noxious weeds within their respective territorial jurisdictions; and WHEREAS, pursuant to C.R.S. § 29-2-203, each of the parties is authorized to cooperate and contract with each other to carry out duties and authority held by each of them; WHEREAS, it is to the mutual advantage and benefit of the Parties hereto that the Parties agree to form an advisory board pursuant to the Act to facilitate cooperation among themselves for the integrated management of noxious weeds within their respective jurisdictions within Grand County, Colorado, as a geographic whole, and to exercise or satisfy any or all of the powers, authorities and obligations imposed by the Act. 3 NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and the reciprocal benefits to be derived therefrom, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1. Formation of the Grand County Noxious Weed Advisory Board. The Parties agree to form the Grand County Noxious Weed Advisory Board (the “Board”) to serve as an advisory board to each of the Parties’ governing bodies, and to facilitate, in whatever reasonable and prudent way possible, voluntary cooperative efforts by the Parties for the integrated management of noxious weeds within their respective jurisdictions within Grand County, Colorado, as a geographic whole, and further to exercise or satisfy any or all of the powers, authorities and obligations of the Act. The Parties agree and understand that, pursuant to C.R.S. §35-5.5-107(5), the local governing bodies of the Parties shall have the sole and final authority to approve, modify, or reject a management plan, management criteria, management practice, and any other decision or recommendation of the Board within the party’s respective jurisdiction. 2. Responsibilities of the Parties. The Parties understand and agree that the only responsibilities, financial or otherwise, arising directly from this IGA are for each Party to: a. Appoint the Board to act as the local advisory board for its respective jurisdiction pursuant to C.R.S. §35-5.5-107(1), if applicable, with all of the powers and duties specified in C.R.S. §35-5.5-107(4); and b. Appoint one authorized representative to the Board. 3. Powers and Duties of the Board. The Board shall have the following powers and duties. a. Pursuant to C.R.S. §35-5.5-107(4)(a), to develop, for the approval of the governing bodies of the County, Winter Park, Fraser, Granby, Grand Lake, Hot Sulphur Springs, and Kremmling, recommended management plans for the integrated management of designated noxious weeds and recommended management criteria for noxious weeds within Grand County. b. To encourage voluntary cooperative efforts among all or any number of the Parties for the integrated management of noxious weeds within Grand County, Colorado. It is anticipated that such voluntary cooperative efforts may be governed by separate management plans entered between Parties actually participating therein, which management plans will each specifically address allocation of responsibilities, financial and otherwise. c. Pursuant to C.R.S. §35-5.5-107(4)(b), to declare noxious weeds and any state noxious weed designated by rule to be subject to integrated management. d. Pursuant to C.R.S. §35-5.5-107(4)(c), to recommend to the applicable Parties’ local governing body that identified landowners be required to submit an individual integrated management plan to manage noxious weeds on their property. 4 e. To exercise any other powers and/or duties as authorized by C.R.S. §35-5.5-101 et seq. 4. Meetings of the Board. a. Regular Meetings will be held as determined by the Board, but no less than annually. b. All meetings shall be conducted in accordance with C.R.S. § 24-6-401, et seq., (Open Meetings Act). Any interested parties may participate in meetings of the Board. 5. Membership of the Board. Composition: The Board shall be composed of one voting member for each entity that is a party to the IGA, and one (1) ex-officio non-voting member. The Ex Officio, non- voting member of the Board shall be the Foreman of the Grand County Division of Natural Resources. Each participating entity shall designate a representative to serve as a board member. The following entities not parties to the IGA may designate a representative to serve as its voting board member. i. Middle Park Conservation District ii. USDA National Resource Conservation Service iii. United States Forest Service – Sulphur Ranger District, Parks Ranger District and Yampa Ranger District iv. Colorado Division of Parks and Wildlife v. Bureau of Land Management vi. National Park Service - Rocky Mountain National Park vii. CSU Extension Grand County viii. Colorado State Land Board ix. Colorado Department of Transportation x. Northern Colorado Water Conservancy District xi. Denver Water Subsequent to the first meeting of the Board, additional entities or individuals that wish to be a member shall, upon written request, be considered for membership by the Board. A request for membership shall be granted upon a majority of votes in favor by the current Board members. 6. Officers: Officers of the Board shall include a Chairperson, a Vice-Chairperson, and a Secretary. These positions shall be elected by the Board at the first regular meeting of the Board and once every two years thereafter. 7. Immunity. No provision of the IGA is or shall be construed to be a waiver of sovereign immunity pursuant to C.R.S. §24-10-104 or any other provision of law. Each Party hereto shall be responsible to defend itself, at its sole cost, in any action or claim arising from or under any activity pursuant to this IGA. 8. Indemnification. Each Party, to the extent permitted by law, and without waiving any immunities, protections, or defenses available to it at common law or under statute, 5 hereby agrees to indemnify and hold every other Party harmless from and against all claims, damages, losses and liabilities including reasonable attorneys’ fees to the extent caused by the intentional or negligent acts of the indemnifying Party arising out of or related to said Party's participation in this Agreement. 8. Term. The term of this IGA shall be for three years from the date the IGA first becomes first effective as to any of the Parties, and will renew automatically for subsequent three year terms absent termination or other written agreement of the Parties. Any Party may terminate its participation in this IGA upon ninety (90) days written notice, by certified mail, to each of the other participating Parties. 9. Counterparts. This IGA may be signed in multiple counterparts, all of which, when taken together, shall constitute a single agreement. This IGA shall become effective upon the execution of this IGA by two or more parties and shall be effective as to a particular Party upon its execution of this IGA. ATTEST: TOWN OF WINTER PARK By: ______________________ By: ________________________________ Date: ____________________ 6 ATTEST: TOWN OF FRASER By: ______________________ By: ________________________________ Date: ____________________ 7 ATTEST: TOWN OF GRANBY By: ______________________ By: ________________________________ Date: ____________________ 8 ATTEST: TOWN OF GRAND LAKE By: _______________________ By: ________________________________ Date: ____________________ 9 ATTEST: TOWN OF HOT SULPHUR SPRINGS By: ______________________ By: ________________________________ Date: ________________ 10 ATTEST: TOWN OF KREMMLING By: _____________________ By: _______________________________ Date:_________________ 11 ATTEST: GRAND COUNTY By: _____________________ By: ________________________________ Date: ____________________