HomeMy WebLinkAbout24-67 Approving an IGA Carbon Valley Park and Recreation District 07-10-2024RESOLUTION NO.24-67
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE
CARBON VALLEY PARKS AND RECREATION DISTRICT
WHEREAS, the Town of Firestone ("Town") and the Carbon Valley Parks and
Recreation District ("District") may pursuant to C.R.S. 29-1-201 and C.R.S. 29-1-203 cooperate
and contract with each other to provide any function or service; and
WHEREAS, on March 9, 2016, the Town and the District entered into an
Intergovernmental Agreement setting forth the terms and conditions and fees of the District's use
of the Town's fields and facilities and the parties management, maintenance and operational
obligations for such fields and facilities, while also providing for the Town's employees to
participate in District programs; and
WHEREAS, the parties finding that each benefit from the Agreement desire to continue
the Intergovernmental Agreement as amended through December 31, 2035 and upon expiration
provide the parties the option of continuing the Agreement for an additional five year term.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Intergovernmental Agreement between the Town of Firestone and the Carbon Valley
Parks and Recreation District is approved in substantially the same form as the copy attached
hereto and made a part of this resolution and the Mayor is authorized to execute the
Intergovernmental Agreement on behalf of the Town.
INTRODUCED, READ AND ADOPTED this )Aay of July, 2024.
• '� 4,• • • ' • •
ac
i � �'TO
ATT ST: Tx �o
4q l�Q'
i i a onzalez, Town Clerk Nj�%' G��'�
AP OVED FORM:
William P. Hay i, Town Attorney
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND
CARBON VALLEY PARKS AND RECREATION DISTRICT
THIS AGREEMENT (the "Agreement") is made and entered into this iq day of --R�N2024 (the
"Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado statutory municipal corporation
with an address of 9950 Park Avenue, Firestone, Colorado 80504 ("Town"), and CARBON VALLEY PARKS
AND RECREATION DISTRICT, a quasi -municipal corporation and political subdivision of the State of
Colorado with a principal place of business at 701 Fifth St, Frederick, Colorado 80530 ("District") and provides
services as follows:
1. RECITALS AND PURPOSE
1.1. The Town and the District (also referred to herein collectively as the "Parties" or individually as
a "Party"). as separate political subdivisions of the State of Colorado, each can provide park
and recreation services.
1.2. The Purpose of this Agreement is to establish the rights and responsibilities of the Town as the
owner of the property with responsibility for all turf and grounds maintenance of the property
and the District as the site user to encourage and promote recreational programs and
facilitate the responsible use of Town -owned fields and facilities, outline the procedures
and provide priorities for the use of Town -owned fields and facilities.
1.3. Pursuant to Colorado Constitution Article XIV, Section 18(2)(a), C.R.S. section 29-1-201, et
seq., and C.R.S. section 32-1-1001(1)(d)(1), the Town and the District may cooperate or
contract with each other to provide any function, service, or facility lawfully authorized to
each.
1.4. The District was duly formed to provide recreation facilities and services to the residents
within the taxable authority of the District's boundaries and is duly authorized by state law
to provide such facilities and services.
1.5. Areas of the Town are included within the boundaries of the District.
1.6, The Town is authorized 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.
1.7. The Town shall continue its policy of requiring all new annexations to the Town or
developments within the Town to petition for inclusion into the District.
1.8. The Town finds that it has the authority to enter into the Agreement set forth herein, and the
District finds that it has the authority to enter into the Agreement set forth herein.
1.9. The Parties find that it is beneficial to the Parties' taxpayers and residents to cooperate
regarding the provision of recreation facilities and services and that such cooperation will
enhance the efficient provision of such facilities and services. The Parties find that it is
beneficial to the taxpayers and residents of the Parties to invest in wellness programming for
Town employees.
1.10. The Parties agree that upon its adoption, this Intergovernmental Agreement shall replace in its
entirety the Intergovernmental Agreement previously entered into between the Parties dated
March 9, 2016.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein,
the Town and the District agree as follows:
2. SCOPE OF AGREEMENT
2.1. This Agreement sets forth certain understandings of the Parties regarding their relationship
and their provision of recreation facilities and services to residents within the Town and the
District.
2.2. This Agreement shall set forth the Parties' duties concerning the use, management,
maintenance, and operation of Town -owned fields and facilities listed in Exhibit A, Town -
Owned Fields and Facilities, which is incorporated herein.
2.3. This Agreement is not intended to preclude additional agreements between the Parties
regarding matters of joint concern.
3. RESPONSIBILITIES OF THE TOWN: The Town will have the following responsibilities with respect
to the following matters of mutual interest to the Town and the District:
3.1. The Town will include the District in its Planning & Zoning Referral Agency Request process.
3.1.1. Prior to approval of any development application for property not within the District, the
Town will require the applicant to submit a petition for inclusion to the District subject to, as
applicable, any terms or conditions contemplated within any existing Annexation_
Agreement for the property.
3.1.2.Such condition shall not require that the Town commence or join in any litigation regarding
the enforcement of this provision.
3.1.3. So that the District will have the opportunity to comment on development proposals, the
Town will provide the District a referral packet on all new development applications within
the Town. Failure of the Town to provide such referral, or failure of the District to provide
referral comments, shall not constitute a breach of this Agreement.
3.2. The Town shall provide the District a list of eligible employees who may access District Facilities
pursuant to the wellness program set forth in Paragraph 4.5 below.
4. RESPONSIBILITIES OF THE DISTRICT: The District will have the following responsibilities:
4.1. The District will provide the Town a District representatives) to be contacted in the event of
an emergency related to any District activity or event within the Town. The District shall
provide the contact information to the Town annually, or upon changes of designated
representative(s) or their contact information.
4.2. Representatives of the District shall provide the Town Board quarterly updates that include
information on current and planned District services, facilities, and other issues related to
matters of mutual interest. Updates will occur at a Regular Board of Trustees Meeting, and
are at the discretion of the Town Board.
4.3. The District shall update its service plan or other necessary filings, as may be necessary to
ensure it can include properties into the District that may be annexed into Firestone.
4.4. The District shall provide notification to the Firestone Board of Trustees and the Town
Manager of any agreements entered into with City of Dacono, Town of Firestone, Town of
Fredrick, or properties in unincorporated Weld County to provide specific facilities or
services.
4.5. The District shall participate with the Town in providing employee wellness programming
and activities which will include:
4.5.1. Free access to District facilities for benefited Town employees and their dependents.
4.5.2. Free access to District facilities for non -benefited Town employees.
4.5.3. Quarterly Fitness/Wellness orientation, Fitness/Wellness tips, and tour of District
facilities and Group fitness classes.
4.6..The District shall provide the Town with an employee enrollment form, which employees
must complete and provide to the District before being allowed to participate in the
employee wellness programming and activities.
4.7. The Town shall notify the District of any employee's separation of employment, at which
time the District will revoke the employee's free access. The Parties will continue to work
collaboratively to develop additional employee wellness programming opportunities.
5. JOINT USE FOR TOWN -OWNED FIELDS AND FACILITIES
5.1. Specified uses for each field and facility are outlined in Exhibit A, Town -Owned Fields, and
Facilities.
5.2. The Town shall be responsible for the scheduling and use of fields and facilities. It shall have
priority, with the District having second priority and Third Party users having the third priority.
5.3. The District shall, before each calendar year, provide the Town with its site -use and date
requests for local youth programs and tournaments, and the Town shall strive to schedule such
requests for the District.
5.4. The District shall also provide the Town with monthly updates, including information on the
District's current and planned usage requests.
5.5. The Town shall use its best efforts to advise and update the District of the Town's planned uses
for each calendar year by the preceding October.
5.6. The Town shall have the authority to deny the use of fields and facilities for activities judged
detrimental to the fields or facilities.
6. OPERATION AND RENTAL FEES
6.1. Fees for the use of the facilities shall be set forth as incorporated in Fees Exhibit B, which
includes fees for Practice, Games, Tournaments, and Adult Leagues by location.
7. MAINTENANCE STANDARDS FOR TOWN -OWNED FIELDS AND FACILITIES
7.1. The Town shall provide general maintenance of its fields and facilities, including mowing,
watering, fertilization, infield grading as needed, and weeding.
7.2. Field Maintenance Dates *Weather Permitting*
7.2.1.FALL -Grass Fields Closed for Maintenance beginning the week of Thanksgiving
7.2.2.SPRING- Open for Play first week of March *weather permitting*
7.3. The Town will maintain grass at heights the Town deems appropriate for Field use and
condition.
7.4. The District will protect all turf by adhering to the following field guidelines:
7.4.1.Where the grass is sparse, or the field is badly worn, or the ground is saturated, play will be
limited or prohibited.
7.4.2.NO SNOW REMOVAL WILL BE PERMITTED
7.4.3.There shall be no play on frost -covered fields,'and all games shall be delayed until fifteen
minutes after the frost has melted.
7.4.4.Games shall be scheduled after 9:30 am before April 15th and after October 14th to
minimize frost delays.
7.4.5.In case of unusable conditions, fields will be closed.
7.4.6.Whenever weather conditions exist that will damage any field, all games will be postponed.
7.4.7.Damages caused by the District, aside from normal wear and tear to the fields and
facilities, shall be promptly repaired by the District to the reasonable satisfaction of the
Town. Any District equipment stored at the fields and facilities shall be stored in a location
approved by the Town. The Town shall have no responsibility, liability, or obligation
concerning the safety or security of any stored District equipment or other District property
placed or located on, at, or upon the facilities,.
7.5. District equipment shall be removed during Town events if the Town deems it necessary.
7.6. The District may request to display or install banners, flyers, and signs. The Town shall have
sole discretion on the placement location, sign types, and placement duration.
7.6.1.Any signage must comply with the Town's sign code.
7.7. The District shall not make any capital improvements to the facilities without the prior written
consent of the Town, as evidenced by a written signed letter by the Town Manager or the Town
Manager's designee following approval by the Town's Board of Trustees. The Town and District
may utilize addenda to this Agreement 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, the Town shall own all capital improvements.
7.8. The Town will annually provide a Capital Improvement Plan to the District.
7.9. The District will follow the Town's External Special Event Application Process for all one -
day events and tournaments.
8. INSURANCE
8.1. District agrees to procure and maintain, at its own cost, a policy or policies of insurance
sufficient to insure against all liability, claims, or demands, arising or resulting from the District's
use of the Town's fields and facilities and other obligations pursuant to this Agreement. At a
minimum, the District shall procure and maintain, and cause any third party affiliate to procure
and maintain, the insurance coverages listed below, with forms and insurers acceptable to the
Town, which approval shall not be unreasonably withheld.
8.1.1.1. Worker's Compensation insurance as required by law.
8.1.2.2. Commercial General Liability insurance with minimum combined single limits of
$1,000,000 for each occurrence and $2,000,000 general aggregate. The policy shall be
applicable to all premises and operations. It shall include coverage for bodily injury, broad
form property damage, personal injury (including coverage for contractual and employee
acts), blanket contractual, products, and completed operations. The policy shall contain a
severability of interests provision and shall include the Town and the Town's officers,
employees, and contractors as additional insureds. No additional insured endorsement
shall contain any exclusion for bodily injury or property damage arising from completed
operations.
8.2. Such insurance shall be in addition to any other insurance requirements imposed by law. The
coverages under the policies shall not be canceled, terminated, or materially changed without at
least 30 days prior written notice to the Town. In the case of any claims -made policy, the
necessary retroactive dates and extended reporting periods shall be procured to maintain such
continuous coverage. Any insurance carried by the Town, its officers, its employees, or its
contractors shall be excess and not contributory insurance to that provided by the District. The
District shall be solely responsible for any deductible losses under any policy.
8.3. The District shall provide the Town with a certificate of insurance as evidence that the required
policies are in full force and effect. The certificate shall identify this Agreement.
9. INDEMNIFICATION
9.1. The District agrees to the extent permitted by law to indemnify and hold harmless the Town and its
officers, insurers, volunteers, representatives, agents, employees, heirs and assigns from and
against all claims, liability, damages, losses, expenses, and demands, including attorney fees, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this Agreement if such
injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional
error, mistake, negligence, or another fault of the District, any subcontractor of the District, or
any officer, employee, representative, or agent of the District, or which arise out of a worker's
compensation claim of any employee of the District or of any employee of any subcontractor of
the District.
9.2. The Town agrees to the extent permitted by law to indemnify and hold harmless the District and its
officers, insurers, volunteers, representatives, agents, employees, heirs and assigns from and
against all claims, liability, damages, losses, expenses, and demands, including attorney fees, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this Agreement if such
injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional
error, mistake, negligence, or another fault of the Town, any subcontractor of the Town, or any
officer, employee, representative, or agent of the Town, or which arise out of a worker's
compensation claim of any employee of the Town or of any employee of any subcontractor of
the Town.
10. MISCELLANEOUS
10.1. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado,
and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado.
10.2. No Waiver. Delays in the enforcement or the waiver of any one or more defaults or breaches of this
Agreement by the Town or the District shall not constitute a waiver of any of the other terns or
obligations of this Agreement.
10.3.Integration. This Agreement constitutes the entire Agreement between the Parties, superseding all
prior oral or written communications.
10.4.Third Parties. There are no intended third -party beneficiaries of this Agreement.
10.5. Notice. Any notice under this Agreement shall be in writing and shall be deemed sufficient when
directly presented or sent pre -paid, first class U.S. Mail to the Party at the address set forth on the
first page of this Agreement.
10.6. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be
unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force
and effect.
10.7: Modification. This Agreement may only be modified upon written Agreement of the Parties.
10.8.Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be
assigned by either Party without the written consent of the other.
10.9. Govern mental Immunity. The Town and the District, and their respective officers, insurers,
attorneys, and employees, are relying on, and do not waive or intend to waive by any provision of
this Agreement, the monetary limitations or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or
otherwise available to the Town and the District, and their respective officers, insurers, attorneys, or
employees.
10.10. Rights and Remedies. The rights and remedies of the Town and the District under this Agreement
are in addition to any other rights and remedies provided by law. The expiration of this Agreement
shall in no way limit the Town's or the District's legal or equitable remedies, or the period in which
such remedies may be asserted, for work negligently or defectively performed.
10.11. Subject to the Town's Annual Appropriation. Consistent with Article X, § 20 of the Colorado
Constitution, any financial obligation of the Town not performed during the current fiscal year is
subject to annual appropriation by the Board of Trustees, shall extend only to monies currently
appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the
current fiscal year
10.12. Subject to District's Annual Appropriation. Consistent with Article X, § 20 of the Colorado
Constitution, any financial obligation of the District not performed during the current fiscal year is
subject to annual appropriation by the Board of Directors, shall extend only to monies currently
appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the
current fiscal year.
10.13. Force Majeure. No Party shall be in breach of this Agreement if such Party's failure to perform any
of the duties under this Agreement is due to Force Majeure, which shall be defined as the inability
to undertake or perform any of the duties under this Agreement due to acts of God, floods, storms,
fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature, the authority and
orders of government or pandemics
10.14. Representative Authority. Each person signing this Agreement represents and warrants that he
or she is duly authorized and has the legal capacity to execute the Agreement.
11, TERM
11.1. This Agreement is subject to annual review but will remain in effect until December 31,
2035, unless sooner terminated by mutual written Agreement or as provided in this Section.
The Parties may mutually renew this Agreement by written amendment for up to one
additional five-year term, subject to the Appropriations provisions herein. Either Party may
terminate this Agreement upon sixty (60) days prior written notice in the event of a material
breach if such breach is not cured to the reasonable satisfaction of the non -breaching Party
within sixty (60) days of written notice of the breach. Any notice of breach shall state the
alleged breach with particularity, and the applicable cure period may run concurrently with
the 60 days for notice of termination.
11.2. The Parties may agree to mutually terminate this Agreement upon 120 days' written
notice, signed by both Parties.
[Signature Page to Follow]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
State of Colorado
County of
(Seal)
CARBON VALLEY PARKS AND RECREATION
DISTRICT
By. 0
-5�014,0/14q /I%i�ly LgDltrG� �rGf�lijB.ri`
) ss.
The foregoing instrument was subscribed, sworn to, and acknowledged before me this — day of
2024 by as of
My commission expires:
Notary Public
EXHIBIT B
FEES
Use
Site Category
Amenities Type
Resident
Non -Resident
Per Day
Fee Per Hour
Fee Per Hour
CVPRD Youth
Activities
Neighborhood Park
All
$0.00
$0.00
$0.00
CVPRD Adult
Activities
Neighborhood Park
All
$10.00
$15.00
$200.00
Youth Tournament
Neighborhood Park
Open Turf
$20.00
$25.00
$150.00
Basketball Court
$15.00
$20.00
$120.00
Volleyball Court
$15.00
$20.00
$120.00
Tennis Court
$15.00
$20.00
$120,00
Multi -Purpose Field
$20.00
$25.00
$150,00
Pump Track
$30.00
$35.00
$210.00
Bicycle playground
$20.00
$25.00
$150.00
Disc Golf Baskets
$10.00
$15.00
$90.00
Adult Tournament
Neighborhood Park
Open Turf
$20.00
$25.00
$150.00
Basketball Court
$15.00
$20.00
$120.00
Volleyball Court
$15.00
$20.00
$120,00
Tennis Court
$15.00
$20.00
$120.00
Multi -Purpose Field
$25.00
$30.00
$180.00
Pump Track
$35.00
$40.00
$240.00
Bicycle playground
-
-
Disc Golf baskets
$10.00
$15.00
$90.00
Firestone Sports
Youth Tournament
Complex
3 Fields/ w bases
$30.00
$35.00
$200.00
Temp Fence
$10.00
$15.00
$120.00
Field Lights
$30.00
$30.00
$180.00
Batting Cage
$0.00
$0.00
$0.00
Firestone Sports
Adult Tournament
Complex
3 Fields/w bases
$50.00
$55.00
$200.00
Temp Fence
$15.00
$20.00
$120.00
Field Lights
$30.00
$30.00
$180.00
Batting Cage
$0.00
$0.00
$0.00
EXHIBIT A
TOWN -OWNED FIELDS AND FACILITIES
Firestone Sports Complex
Site Amenities
6850 Tilbury Avenue
Pavilion
3 Diamond Field
Playset
Baseball Field Lights
Restroom
Batting Cage
Open Turf
Harney Park
Site Amenities
10245 Devonshire Street
Pavilion (3)
Basketball Court
Playset
Volleyball Court
Restroom
Open Turf
Hart Park
Site Amenities
467 Jackson Avenue
Pavilion (2)
Volleyball Court
Restroom
Basketball Court
Open Turf
Disc Golf baskets
1 Diamond Field
Jacob H Firestone Park
Site Amenities
36 Grant Avenue
Pavilion
Open Turf
Miners Park
Site Amenities
170 Grant Avenue
Pavilion
Open Turf
Horseshoe Pits
Mountain Shadows Park
Site Amenities
11267 Carbondale Street
Pavilion
Multi -Purpose Field
Playset
Pump Track
Portable Toilet Enclosure
Bicycle Playground
Open Turf
Disc Golf baskets
Neighbors Point Park
Site Amenities
10140 Neighbors Parkway
Pavilion (3)
Putting green
Playset
Workout stations
Restroom
Multi -Purpose Synthetic Field
Onorato Park
125 Granville Ave.
Pavilion
Basketball Court
Playset
Tennis Court
Restroom
Open Turf
Patterson Park
Site Amenities
6572 Shenandoah Avenue
Pavilion
Volleyball Court
Peninsula Park
4783 Lakeside Drive
Prairie Ridge Park
6440 St. Vrain Ranch Blvd
Sagebrush Park
10645 Echo Street
Settlers Park
11445 Ebony Street
Stoneridge Park
5104 Ruby Avenue
Playset
Open Turf
Multi -purpose field
Pavilion (4)
Playset
Restrooms
Open Turf
Pavilion
Playset
Portable Toilet Enclosure
Multi -purpose field
Pavilion (2)
Playset
Portable Toilet Enclosure
Open Turf
Pavilion (2)
Playset (2)
Portable Toilet Enclosure
Multi -purpose field
Pavilion
Playset
Multi -purpose field
Basketball Court
Site Amenities
Workout stations
Site Amenities
Site Amenities
Basketball Court
Site Amenities
1 Diamond field
Basketball Court
Tennis Court
Pickleball courts
Site Amenities