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HomeMy Public PortalAbout4b Resolution 2017-11-01 Amendment t Intergovernmental Agreement for Street maintenance Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com MEMO TO: Mayor Vandernail and the Board of Trustees FROM: Town Staff DATE: November 15, 2017 SUBJECT: Grand County Intergovernmental Agreement for Streets – Amendment to the Agreement MATTER BEFORE BOARD: Resolution approving an amendment to the ‘Intergovernmental Agreement (IGA) Between the Town of Fraser and Board of County Commissioners, County of Grand’ dated November 22, 2016. ACTION REQUESTED: A motion to approve a Resolution authorizing the Mayor to execute an updated IGA with Grand County regarding additional roadway maintenance as outlined in the revised IGA and included on the Exhibit ‘A’ map. Additions to the IGA are in bold red text in the attached agreement. EXECUTIVE SUMMARY: Staff is recommending that the Town Board approve the revisions to the proposed IGA with Grand County for the additional roadway maintenance which is along a portion of the year- round transit bus routes in unincorporated Grand County. BACKGROUND: In 2016 the Board of County Commissioners (BOCC) was no longer providing evening snow management on certain roadways in the Winter Park Ranch area above Fraser. The County Road & Bridge Superintendent at that time approached Fraser with a proposal requesting Fraser to provide snow plowing and sanding activities in exchange for Grand County providing Fraser with salt sand material at a cost equitable to the costs associated to fuel, manhours and salt sand required for maintaining the proposed county roadways. Town and County staff have been discussing this concept for several years and finally a draft was put together for the Fraser Board and BOCC consideration. With the Town of Fraser Public Works department staffed 16 hours a day, 7-days each week, it was determined that this proposal was deemed worthy for consideration. At the November 2nd, 2016 Board of Trustees meeting, the Board approved an Intergovernmental Agreement with Grand County for evening snow management operations and road maintenance. Included in the IGA was an Exhibit A which depicts the county roadways that Fraser will perform snow management activities on during the evening hours after 3:00 pm each day. Included in this amended IGA is a new Exhibit A depicting the additional county roads Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com to be maintained by Fraser. By adding these additional roadways, it appears that the increase in the amount of time and materials that will be required is minimal and will have little to no effect on Fraser staff or resources to include the additions. AL TERNATIVES: Approve the IGA as amended and presented. Decline the proposed amendment and continue with the terms of the original IGA. STAFF RECOMMENDATION: Approval of Resolution No. 2017-11-01 approving the amendments to the ‘Intergovernmental Agreement Between the Town of Fraser and Board of County Commissioners, County of Grand’ for street maintenance as presented. Let me know if you have any comments and/or questions. anordin@town.fraser.co.us TOWN OF FRASER RESOLUTION 2017-11-01 A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT FOR STREET MAINTENANCE WITH GRAND COUNTY REGARDING AND INCORPORATING ADDITIONAL STREETS FOR WINTER 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; and WHEREAS, Grand County Road and Bridge has requested that Fraser include additional road maintenance of GCR’s 8360 and 837 for snow plowing and sanding as a part of the year-round transit system; and WHEREAS, it is important to maintain an updated inventory of Grand County Roads maintained by the Town of Fraser for Grand County, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: The Mayor is authorized to execute an updated Intergovernmental Agreement with Grand County regarding additional street maintenance. DULY MOVED, SECONDED AND ADOPTED THIS 15th DAY OF NOVEMBER, 2017. 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, 2017, 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; and WHEREAS, Grand County Road and Bridge has requested that Fraser include additional road maintenance of GCR’s 8360 and 837 for snow plowing and sanding as a part of the route for the year-round transit system; 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 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 The Parties acknowledge that their obligations under this Agreement are subject to annual appropriation by the governing body of each respective party and shall no t 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 3.3 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 8360, GCR 837, 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 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 or improvements. 3.5 Long Term Maintenance, Improvement and Replacement Projects. The parties agree that capital expenditures necessary for long term maintenance, improvement or replacement projects 4 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. 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 con nection 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. 5 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. TOWN OF FRASER _________________________________ Philip Vandernail, Mayor ATTEST: _________________________________ Antoinette McVeigh, Town Clerk BOARD OF COMMISSIONERS, COUNTY OF GRAND _______________________________ Kristen Manguso, Chair ATTEST: _______________________________ Sara Rosene, Clerk to the Board