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HomeMy WebLinkAbout 15-04 Approving IGA between Town of Firestone and CVRDRESOLUTION NO. (S •0 + A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE CARBON VALLEY PARK AND RECREATION DISTRICT WHEREAS, pursuant to § 29-1-103, C.R.S., as amended, municipalities and special districts are authorized to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each; and WHEREAS, an agreement has been proposed between the Town of Firestone and the Carbon Valley Park and Recreation District to address cooperation with respect to the provision of recreation facilities and services to residents of the Town and District; and WHEREAS, the Board of Trustees of the Town of Firestone has determined that it is beneficial to the taxpayers and residents of the Town to enter into such agreement and that cooperation between the Town and District will enhance efficient provision of recreation services and facilities; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, Section 1. The proposed Intergovernmental Agreement ("Agreement") between the Town of Firestone and Carbon Valley Park and Recreation District regarding provision of recreation services and facilities is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2. The Mayor and Town Clerk are hereby authorized to execute the Agreement and the Mayor is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor and Town Manager determine are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. INTRODUCED, READ, and ADOPTED this � tPNday of 2015. TOWN OF FIRESTONE, COLORADO 0 Paul Sorensen Mayor Town Clerk Intergovernmental Agreement This Intergovernmental Agreement ("Agreement") is made and entered into this day of , 2015 by and between the Town of Firestone, Colorado, a municipal corporation ("Town") and the Carbon Valley Park and Recreation District, a Colorado special district ("District"). The Town and the District are collectively referred to as the "Parties". 1. Recitals 1.1. The Town and the District are desirous of effecting a cooperative relationship which will achieve maximum community benefits while avoiding duplication of services, expenses, and efforts wherever possible as more fully set forth below. 1.2. The District acknowledges that the Town has expertise in the areas of park, trail, open space, and athletic field and turf maintenance, and as such, it is appropriate for the District to rely upon the Town's expertise in said areas. 1.3. The Town acknowledges the expertise of the District in the areas of recreation programming, scheduling and management, as well as athletic infield maintenance and, therefore, it is appropriate for the Town to rely upon the expertise of the District in such areas. 1.4. The Town acknowledges and specifically encourages the role the District plays in the management of recreational activities. The Town recognizes the benefits to the public of the on -going viability of the District, and the Town acknowledges that it does not intend to be actively involved in recreation management, scheduling, or administration in the areas that include, but are not limited to youth, senior, and adult recreation programming. A. The District was duly formed to provide recreation facilities and services to the City of Dacono, Town of Firestone Cl" the Town of Frederick, and is duly authorized by state law to provide such facilities and services. B. Areas of the Town are included within the boundaries of the District. C. The Town is authorized by state law to provide recreation facilities and services, and owns and continues to actively plan and develop a comprehensive park and trail system for the benefit of the Town and its residents. D. The Town has adopted a policy requiring that all new annexations to the Town or developments within the Town petition for inclusion into the District. E. The Parties find that it is in the best interests of the residents of the Town and of the District that the Parties enter into this Agreement to set forth certain mutual understandings with respect to the provision of recreational facilities and services. 1 F. Pursuant to Colorado Constitution Article XIV, Section 18(2)(a) and C.R.S. section 29-1-201, et seq., the Town and the District may cooperate or contract with each other to provide any function, service or facility lawfully authorized to each. G. The Town finds that it has the authority to enter into the agreements set forth herein, and the District finds that it has the authority to enter into the agreements set forth herein. H. The Parties find that it is beneficial to the taxpayers and residents of the Parties to cooperate with respect to the provision of recreation facilities and services, and that such cooperation will enhance efficient provision of such facilities and services. I. The Parties find that the efficient provision of such facilities and services will be enhanced through this Agreement. J. The Parties intend that this Agreement replace in its entirety that Intergovernmental Agreement previously entered into between the Parties dated March 11, 2010. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Town and the District agree as follows: 2. Scope.. of Agreement. This Agreement is intended to set forth certain general understandings of the Parties regarding their relationship and their provision of recreation facilities and services to residents within the Town and the District. This Agreement is also intended to set forth the Parties' specific responsibilities concerning the use, management, operation and maintenance of certain Town -owned parks that are jointly used for recreation services. This Agreement is not intended to preclude additional agreements between the Parties, subsequent to this Agreement. 3. General Responsibilities of the Town. The Town will have the following general responsibilities with respect to the following matters of mutual interest to the Town and the District: 3.1. The Town will use its best efforts to add a condition of approval to any Resolution or Ordinance approving a development application for property that is not within the District. The condition shall require a valid petition for inclusion be submitted to the District for any property that is not already included within the District. Such best efforts shall not require that the Town commence or join in any litigation regarding the enforcement of this provision. f7 3.2. So that the District will have the opportunity to comment on development proposals, the Town will (or require the applicant to) mail to the District a referral package on all new developments within the Town no later than 15 days prior to the Planning Commission's consideration of such development proposal. However, if the Town or applicant inadvertently fails to mail such referral it shall not constitute a breach of this Agreement. Nor will the Town be required to delay or cancel any scheduled Planning Commission or associated Town Board public hearing. 3.3. The Town will own and develop the Firestone Trail. 3.4. The Town will own and develop neighborhood, community and regional parks and trails within the Town. 4. General Responsibilities of the District. The District will have the following general responsibilities with respect to the following matters of mutual interest to the Town and the District: 4.1. The District will provide and maintain a current contact list to the Town's Director of Public Works and Chief of Police current contact information for a District representative to be contacted in the case of emergency related to any District activity or event within the Town. The District shall notify the Director of Public Works and Chief of Police in writing of any change of designated representative or such representative's contact information. 4.2. To the extent permitted by law, the Town agrees to indemnify and hold harmless the District and its officials, agents and employees, from and against all liability, claims, and demands, on account of any injury, loss, or damage, which arise out of or are connected with the Town's use, operation, maintenance or management of Town Parks or other Town -owned facilities pursuant to this Agreement, to the extent caused by or claimed to be caused by the act, omission, or other fault of the District, its officials, agents and employees. 4.3. To the extent permitted by law, the District agrees to indemnify and hold harmless the Town, and its officials, agents and employees, from and against all liability, claims, and demands, on account of any injury, loss, or damage, which arise out of or are connected with the District's use, operation, maintenance or management of Town Parks or other Town -owned facilities pursuant to this Agreement, to the extent caused by or claimed to be caused by the act, omission, or other fault of the District, its officials, agents and employees. 4.4. Representatives of the District shall provide the Town Board with quarterly updates that include information on current and planned services and facilities, and other issues related to implementation of this Agreement, and other matters of mutual interest. 3 4.5. The District shall update its service plan or other necessary filings, as may be necessary to assure that it can include properties into the District that may annex to Firestone. 4.6. The District shall only include real properties into the District that are located within a municipal boundary including but not limited to, the City of Dacono, the Town of Frederick or the Town of Firestone. 4.7. The District shall not enter into any agreement with the City of Dacono, the Town of Firestone, the Town of Frederick or properties located within a municipal boundary to provide specific facilities or services that are inconsistent with the Master Plan approved by the District. 5. Terms of Joint Use for Parks. 5.1. Parks and Uses. The provisions of this Section 5 are intended to govern the Parties' use, management, operation and maintenance of certain Town -owned parks that are to be utilized jointly by the District and Town for the provision of District -scheduled recreation activities, Town events, and other uses. Such parks include, and the provisions of this Section 5 apply to, all Town parks designated for appropriate use by the District (sometimes referred to as "the Parks"). 5.2. Regular District Uses Scheduling. The District shall be entitled to program and use the Parks for scheduled Regular District Uses and non -District uses which shall consist of repetitive, on -going programs and uses throughout typical sports seasons. The District shall provide to the Town full season schedules for all Regular District Uses on all Parks. Proposed schedules shall be provided to the Town at least 30 days in advance of the commencement of the season. The District shall provide the schedules in electronic format. The schedules shall indicate the type of District Use as well as the specific dates and times thereof. Within seven days of receipt of the schedule, the Town will advise the District of any Town -planned events or activities and the District upon receipt of such information will adjust its schedules to include and provide for the Town -planned events and activities. The District shall notify the Town seven days in advance of any proposed changes in the schedules, unless the change is due to inclement weather. Further, the Town shall have the right with 60 days written notice to add a Town event or activity to the schedule, in which case the District shall adjust the schedules and/or field assignments to include and provide for the Town event or activity. 5.3. Field Allocation and Rental. The District shall utilize a Field Allocation and Rental Policy and Procedure for the permitting of Park use and the collection of fees for various regular uses by non -District parties including by not limited to recognized 0 and non -recognized sports associations for athletic purposes. Under the terms of this agreement, all such rental revenues will be retained by the District. 5AN Concessions. Until such time as permanent concession facilities are built, the District shall be permitted to operate concessions at the Firestone Sports Complex. Such concessions shall be limited to food and beverages and merchandise directly related to the District Uses. District concessions shall be operated only when scheduled District Uses are being conducted. Concessions will be offered at the sole discretion of the District. The District shall be solely responsible for compliance with all federal, state, county and local health and other regulations related to its operation of the concessions. Under the terms of this agreement, all revenues from the sale of concessions will be retained by the District. 5.5. Night Games. No night games on any Parks shall commence later than 9:00 p.m.; further, all night games shall end, and the fields shall be vacated and lights turned off, no later than 10:00 p.m. No new baseball or softball inning shall begin after 9:30 p.m. 5.6. Restroom Facilities. The District may at no cost to the Town arrange and be responsible for the placement operation, maintenance and upkeep of port-adets at Parks used for District Uses. The port-adets shall be placed in locations designated by the Town. 5.7. Field Supervisor. The District may, at no cost to the Town, provide a field supervisor for District Uses at the Firestone Sports Complex. The field supervisor shall be an employee or contractor of the District. The field supervisor shall be responsible for locking/unlocking fields where required, trash pick up and general maintenance after each function. The field supervisor and other District employees or contractors shall be easily identifiable during District functions conducted on Town -owned fields. The District shall be solely responsible for the hiring, supervision and evaluation of the field supervisor and all District employees while utilizing the Parks for District purposes, including without limitation the provision of all compensation and all workers compensation and other coverages. No employment relationship, express or implied, shall exist between the Town and such persons. 5.8. Field Maintenance. The Town shall provide for general field maintenance for the Parks, to include mowing, watering, ,fertilization, and provision of necessary utilities. A. Level of Service —Field Maintenance. It is the desire of the District to identify the need for an increase in the service level on game fields. To properly maintain safe playing conditions level of service standards must be established and adhered to by the Parties. Level of Service Standards would address issues such as proper mowing heights and surface conditions — 5 eliminate low spots, fill in slide areas, and back fill pitching mounds. The Parties shall work jointly together to establish the level of service standards and to implement the increased level of service on the athletic fields. As athletic fields and parks in the Town are developed the Parties will agree to identify those facilities that are to be utilized as "game" facilities and those that are primarily used as "practice" facilities. 5.9. District Equipment. Any District equipment proposed to be stored at the Parks shall be stored in facilities and locations approved by the Town. The Town shall have no responsibility, liability, or obligation with respect to the safety or security of any stored District equipment of other District property placed or located on, at, or in the Parks, it being acknowledged and understood by the District that the safety and security of any such property is the sole responsibility and risk of the District. Banners, flyers and signs may be installed only upon prior approval of the Town and in locations designated by the Town. 5.10. Capital Improvements. The District shall not make any capital improvements to the Parks without the prior written consent of the Town, as evidence by a writing signed by the Town Mayor or Town Manager upon approval of the Board of Trustees. The Town and District may utilize addenda to this Agreement or `one- off" letters to memorialize Town consent for and the Parties agreement concerning the completion, ownership and financing of any capital improvements. Unless otherwise provided in such an addendum or letter, all capital improvements shall be owned by the Town. If agreed to by the Town, such an addendum or letter may also provide for a credit against the annual maintenance fee for District costs incurred for a capital improvement to be owned by the Town. Nothing herein shall be construed to require the granting of any such credit or the execution of any capital improvement addenda or letter. 5.11. Rules of Use of Parks. During District Uses, District staff and its contractors shall make reasonable efforts to ensure the Parks are used in compliance with applicable rules. Incidents of vandalism or other conduct that may be in violation of law or use rules shall be reported to the Town Manager, Chief of Police or Director of Public Works, as appropriate. 5.12: Insurance. The District and Town agree each shall carry and maintain throughout the term of this Agreement public entity liability insurance in an amount of not less than'$1,000,000 combined single limit for bodily injury and property damage. 5.13. One -Day Events and Tournaments. One -day events and tournaments shall be subject to the following, additional requirements; in the event of any conflict between the provisions of this Subsection 5.12 and the other provisions of Section 5, this Subsection 5.12 shall control: 0 A. For all one -day events and tournaments, the District will be responsible for communicating the use schedule to the Towns field maintenance supervisor within an agreeable timeframe. Under the terms of this agreement, all revenues will be retained by the District. B. For all one -day events and tournaments, there shall be paid field rental fees at rates established by the District and made payable to the District. Under the terms of this agreement, all revenues will be retained by the District. C. For one -day events and tournaments held on a weekday (Monday- Friday), Town staff shall provide one field prep per field each day. Any further field preparation on weekdays —for example, raking or re -chalking fields —shall be the responsibility of the District. D. For one -day events and tournaments held on weekends (Saturday -Sunday), District staff shall provide at least one field prep per field each day. Any further field preparation on weekends —for example, raking or re -chalking fields —shall be the responsibility of the District. E. A tournament for the purposes hereof means any series of games other than Regular District Uses, and includes without limitation events such as Triple Crown, USSSA or Little League baseball and softball tournaments, soccer tournaments and similar events whether or not the District is a sponsor. F. A one -day event for the purposes hereof means any series of games held within one day other than Regular District Uses. 6. Term. This Agreement will remain in effect until December 31, 2019, unless sooner terminated by mutual written agreement or as provided in this Section 6.0. Either party may terminate this Agreement upon 60 days' prior written notice in the event of a material breach if such breach is not cured within 60 days of written notice of breach. Any notice of breach shall state with particularity the alleged breach, and the applicable cure period may run concurrently with the 60-day period for notice of termination. 7. Miscellaneous Provisions. 7.1. This Agreement is made solely for the benefit of the Parties hereto and is not intended to nor shall it be deemed to confer rights to any persons or entities not named as parties hereto. 7.2. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 7 7.3. The Town and the District shall comply with any and all otherwise applicable and valid state, federal or local laws or regulations in relation to this Agreement. 7An If any provision of this Agreement is finally held invalid or unenforceable by a court of competent jurisdiction as to either party or as to both Parties, such invalidity and unenforceability shall not affect the other provisions of this Agreement, except that any similar right or obligation of the other party shall be deemed invalid and unenforceable. Further, with respect to any provision so held or deemed invalid or unenforceable, the Parties agree to take such actions as may be necessary to achieve to the greatest degree possible the intent of the affected provision. 7.5. This Agreement may be amended in writing only by mutual agreement of the governing bodies of the Parties. 7.6. This Agreement is not intended and shall not be construed to create any debt or multiple fiscal -year obligations of either of the Parties, or to require or compel the appropriation of funds of either of the Parties. 7.7. The District shall make every reasonable effort to implement the Carbon Valley Recreation District Master Plan and its recommendations forthwith and shall pursue reasonable necessary community and ballot initiatives as is required. 7.8. The District shall not construct or operate recreation facilities in unincorporated areas of the County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. TOWN OF FIRESTONE, COLORADO By: ATTEST: Larissa Medina, Town Clerk Paul Sorensen, Mayor Approved by the Board of Trustees of the Town of Firestone the day of , 2015 CARBON VALLEY PARK AND RECREATION DISTRICT By: Michael Schiers, President Approved by the Board of Directors of the Carbon Valley Park and Recreation District the day of , 2015 ATTEST: Thomas McCune, Secretary