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HomeMy WebLinkAbout 16-04 Approving First Amendment to CVPRD & TOF IGAA RESOLUTION APPROVING A FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CARBON VALLEY PARK AND RECREATION DISTRICT AND THE TOWN OF FIRESTONE WHEREAS, the Town of Firestone ("Town") and the Carbon Valley Park and Recreation District ("District") previously entered into that certain Intergovernmental Agreement dated January 14, 2015 ("IGA"), which IGA sets forth certain general understandings of the Parties regarding their relationship and their provision of recreation services and facilities to residents within the Town and District; and WHEREAS, an amendment has been proposed to amend the terms of the IGA, and the Board of Trustees by this Resolution desires to approve the amendment and authorize its execution; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, Section 1. The proposed First Amendment to the Intergovernmental Agreement ("Amendment") between the Town of Firestone and the Carbon Valley Park and Recreation District to amend the terms of the IGA is hereby approved in essentially the same form as the copy of such Amendment accompanying this resolution. Section 2. The Mayor is hereby authorized to execute the Amendment and the Mayor and Town Manager are further authorized to negotiate and approve on behalf of the Town such revisions to the Amendment 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 Amendment are not altered. INTRODUCED, READ, and ADOPTED this day of V 1 , 2016. TOWN OF FIRESTONE, COLORADO °a® aul Sorensen, 40 ti0 Cai ssi a Medina, Town Clerk FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CARBON VALLEY PARK AND RECREATION DISTRICT AND THE TOWN OF FIRESTONE THIS FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT ("Amendment") is made and executed effective the day of 2016, by and between CARBON VALLEY PARK AND RECREATION DISTRICT, a quasi - municipal corporation and political subdivision of the State of Colorado ("District"), and the TOWN OF FIRESTONE, COLORADO, a municipal corporation ("Town"). The District and the Town are collectively referred to as "Parties". WHEREAS, the District and the Town previously entered into an Intergovernmental Agreement dated January 14, 2015 ("Agreement") setting forth certain agreements and general understandings of the Parties regarding their relationship and their provision of recreation services and facilities to residents within the Town and the District; and WHEREAS, the District and the Town desire to enter into this Amendment to set forth their understanding regarding the terms of joint use for park maintenance and other miscellaneous provisions and to identify the need for an increase in the level of service standards on game fields within the Town; and WHEREAS, the Parties agree that the quality of the game fields is a reflection on the Town and the District, and high quality maintenance and field preparation is a cornerstone of this partnership; and WHEREAS, this Amendment is intended to set forth the specific responsibilities of each party concerning the use, management, operation, and maintenance of certain Town -owned parks that are jointly used for recreation services and to clarify field maintenance level of service and responsibilities contemplated in the Agreement; NOW, THEREFORE, for good and valuable consideration, the Parties agree as follows: Section 1. The foregoing recitals are incorporated into and made a part of this Amendment. Section 2. Section 4.2 of the Agreement is hereby amended to read as follows (words to be added are underlined; words deleted are ^*r�^'�^„ �'�•^^'�): 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 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 Distiiet Town, its officials, agents and employees. 1 This amended Section 4.2 of the Agreement shall be effective as of the original effective date of the Agreement, January 14, 2015. Section 3. Section 5.8 of the Agreement is replaced in its entirety with the following: 5.8. Field Maintenance. The Town shall provide for general field maintenance for the Parks, to include mowing, water, fertilization, and provision of necessary utilities. A. Level of Service Standards —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. The Level of Service Standards outlined in this section are intended to address issues such as proper mowing heights and service conditions such as eliminating low spots, filling in slide areas, and back filling pitching mounds. B. General Field Access and Storage: i. The Town is responsible for maintaining game field grass to a height suitable to the District. ii. The Town is assets of the park such as irrigation systems, lighting, facilities, parking lots, etc. responsible for maintaining capital fences, gates, buildings, structures, I equipment, restroom iii. For basebalUso$ball facilities, the District is responsible for maintenance of infield areas and other areas of the field which do not have grass. The District shall be responsible for purchasing any and all necessary equipment and materials to adequately maintain these facilities at the District's expense. iv. The Parties will jointly address the maintenance of the "lip" around the infield and outfield at all the game field facilities within the Town of Firestone. The Parties agree to share in costs, materials, and labor for mutually agreed upon work to address these issues to protect and preserve safe surface conditions on all the athletic facilities. This may include purchasing infield material, removing or replacing sod and adjustments in the irrigation systems to protect the turf to provide a safe and playable condition. v. The District may store maintenance equipment and stockpile materials necessary to maintain the game fields at locations approved by the Town. vie The District may access Town storage sheds at park facilities for storing District equipment needed for the maintenance of game fields at locations approved by the Town. . District Equipment: Any District equipment proposed to be stored at game field facilities, practice field facilities, and/or Town parks shall be stored in facilities and locations approved by the Town. The Town shall have no responsibility, liability, or obligation with respect to safety or security of any stored District equipment or other District property placed or located on, at, or in a Park. It is acknowledged and understood by the District that the safety and security of any such property is the sole responsibility and risk of the District. C. One -Day Events and Tournament Responsibilities: i. The Town is responsible for cleaning and stocking restroom facilities before all one -day events and/or tournaments, but no more than once per day. The District may, at its own expense, can and stock restroom facilities more frequently. a. The Town will not maintain restroom facilities on weekends or Town observed holidays. Maintenance during these days may be provided at the expense of the District. ii. The District is responsible for ensuring appropriate and adequate trash containers are available at all facilities throughout the duration of all one -day events and tournaments. iii. The District is responsible for preparing all fields prior to and between games including challcing and/or painting lines, repairing surface conditions, and locating goals, flags, cones, and other devices designating fields of play. IV . The Dish•ict shall be responsible for cleaning viewing areas, grandstands and dugouts, and removing all trash from the premises. D. Post One -Day Event and Tournament Responsibilities. The District shall return the facility and premises to a manner similar to its condition prior to the one -day event or multi -day tournament. Section 4. Section 5.9 of the Agreement is hereby amended to read as follows (words to be added are underlined; words deleted are �*••�^'�^„ *'�••^••^'^): 3 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. i4 be-ing It is 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. Section 5. Section 5.13 of the Agreement is hereby amended to read as follows (words to be added are underlined; words deleted are stfiekeii th-rough). 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 5.4-213 and the other provisions of Section 5, this Subsection 5.4-213 shall control: A. For all one -day events and tournaments, the District will be responsible for communicating the use schedule to the Towns —fief Htenanee ^ within an eable *im^f ^me. Under the terms of this A -agreement, all revenues will be retained by the District. al ,,. oil a DB. 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. EC. 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. PD. A one -day event for the purposes hereof means any series of games held within one day other than Regular District Uses. Section 6. The Agreement, as herein amended by this Amendment, is hereby ratified and confirmed and remains in full force and effect in accordance with its terms. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials to execute this Amendment. ATTEST: Larissa Medina, Town Clerk ATTEST: Lita Reser, Secretary 5 TOWN OF FIRESTONE, COLORADO By: Paul Sorensen, Mayor CARBON VALLEY PARK AND RECREATION DISTRICT By: Roger Wingerberg, President