HomeMy Public PortalAboutResolution 2017-11-01 Authorizing an amendment to IGA for Street maintenance with GC for winter Maintenance 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: TO, ER, COLORAD
BY:
Town Clerk Mayor
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OFF�S
SEAL
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INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF FRASER
AND
BOARD OF COMMISSIONERS,COUNTY OF GRAND
THIS AGREEMENT made and entered into this S 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.
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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 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.
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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
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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 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.
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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.
7 Cr FiRASE
VP-e/
Philip Vandernail, Mayor
A 1-1EST:
Gj;cr(,; cY\c/\
Antoinette McVeigh,Town Clerk,
BOARD OF COMMISSIONERS, COUNTY OF GRAND
Kristen Manguso, Chair
ATTEST:
Sara Rosene, Clerk to the Board
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