HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/03/2014 - RESOLUTION 2014-045 APPROVING AN AMENDED AND RESTAAgenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY June 3, 2014
City Council
STAFF
Mike Beckstead, Chief Financial Officer
Tom DeMint, PFA Fire Chief
SUBJECT
Resolution 2014-045 Approving an Amended and Restated Intergovernmental Agreement Between the City of
Fort Collins and the Poudre Valley Fire Protection District Establishing the Poudre Fire Authority.
EXECUTIVE SUMMARY
The purpose of this item is to approve the revised Intergovernmental Agreement (IGA) which forms the Poudre
Fire Authority and the associated Revenue Allocation Formula (RAF) which allocates a share of City revenue
toward the provision of fire and rescue services within Fort Collins.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Since 1981, the City of Fort Collins (City) and the Poudre Valley Fire Protection District (PVFPD) have had an
intergovernmental agreement to provide joint fire protection and rescue services within their respective
boundaries. The two “parent” entities jointly govern Poudre Fire Authority (PFA) through representation on the
PFA Board of Directors. The overall purpose of the joint service model has been to consolidate two existing
fire departments into one Fire Authority which would provide timely, efficient and cost-effective service within
the combined boundaries of the two entities. The RAF was designed to “pass through” a predictable revenue
stream from each entity to the PFA for its operations and capital needs. The PFA Board of Directors is
charged with administering that funding stream for the benefit of both partners.
Over the past six months, City staff and PFA staff have been working together to update the current IGA
between the PVFPD and City. While some changes are recommended in the general terms of the IGA (see
below), the primary issue under review has been the RAF, which details the financial contributions of each
party to the operation of the Poudre Fire Authority.
The basic components of both the original and the proposed new RAF include the following factors:
Cost Sharing between City and District
The original formula was based on an 80%/20% split in the total costs of operating PFA between the City
of Fort Collins and PVFPD. The split was calculated based on the relative share of call volume and
assessed value of properties protected.
Agenda Item 17
Item # 17 Page 2
City Contribution Calculation
The City has calculated its share of the funding formula based on a share of its general sales and use tax
revenue, plus a share of its property tax revenue. In 2010, the City also added a dedicated funding stream
from its Keep Fort Collins Great voter approved sales and use tax.
District Contribution
The District contributes its entire property tax mill levy revenues (less minimal District expenses) directly to
PFA. The mill levy rate has fluctuated through the years based on the amount of revenue it needed to
generate to meet its share of the cost of PFA operations. In 2010, the District increased its mill levy to
10.595 mills to match the increase in City contributions through KFCG. In addition, the Town of Timnath
contributes a share of its Urban Renewal Authority tax increment in lieu of the District property taxes that
the URA properties would have otherwise paid to the District.
In 2014, the City’s actual contributions to PFA totaled $20.1 Million (RAF at $17.8M and KFCG at $2.3M).
With the preliminary budgeted City revenue of $21.7M in 2015, PFA will see an increase in City funding of
$1.4M or approximately 7%. This represents normal revenue growth (approximately 3%) PLUS the first step in
closing the City’s funding gap with first year of the phase-in (approximately $0.5M).
District revenue projections for 2015 will be developed in the near future as property tax projections from
Larimer and Weld Counties become available.
Intergovernmental Agreement Update
In addition to discussions regarding the funding formula, City staff and PFA staff have met regularly over the
past several months to review the details of the IGA document. Key changes in the terms of the agreement
have included such provisions as:
Appointment of the “5th Member” of the Board (this language remains the same as the original agreement);
Impact of annexations on the financial agreement;
Appointment of a legal advisor to the Authority;
Inclusion of specific references to “Rescue” services as part of the scope of PFA’s services;
Elimination of language which distinguishes between an “Administrative Chief” and “Executive Chief;”
Clarification of the PFA’s role in contracting for EMS Ambulance Services within the jurisdiction; and
Additions regarding TABOR limitations.
April 2, 2014 Joint Meeting Recap
On April 2, City Council and the PVFPD Board met in joint session to review the proposed IGA and Revenue
Allocation Formula. Comments and suggestions from that meeting led to the following adjustments to the final
IGA document presented with this Resolution:
1. The City’s RAF has been simplified to include three components instead of four—.29 cents of sales and
use tax, 67.5% of Property Tax and the KFCG revenue dedicated to Fire emergency services. Previous
versions of the IGA had distinguished between property taxes for operations and maintenance and those
dedicated to capital. Under the proposed IGA, all City contributions are provided to PFA to be distributed
between O&M and capital needs, as determined by the PFA Board and PFA staff.
2. Language regarding the phase-in period for the City’s increased contribution was clarified.
3. Exhibit A, “Funding Formula and Revenue Allocation Formula” was amended to include a description of
“Other Revenues” which PFA generates itself, without contribution from the City or the District. These
revenues consist primarily of fees generated in the development review process, but also include grants,
Agenda Item 17
Item # 17 Page 3
reimbursements, investment income and miscellaneous revenue. Language in this Exhibit was also
modified to better express the City’s commitment of revenues affected by Urban Renewal Authorities.
4. PFA’s ability to incur bonded debt was clarified to reinforce that PFA does not have the legal authority to
issue General Obligation bonds, but does have the ability to incur some other types of debt with approval
of the PFA Board.
5. Section 2.2 N of the Agreement was modified to provide more detailed direction regarding PFA annual
performance report to the City and the District.
6. The description of the ambulance related service authorized in the IGA was modified to be in line with state
law and the PFA’s intention to contract for ambulance services dispatched through the City’s public safety
answering point (PSAP), known as the dispatch center.
Changes from the current IGA are highlighted in yellow in the proposed IGA. Changes from the draft IGA
presented at the joint meeting on April 2nd are highlighted with double underlining in the proposed IGA.
City Council also asked for a cost estimate for the in-kind services provided by the City to the PFA. These in-
kind services, detailed in Exhibit B of the IGA, reduce the overall cost of providing fire service. PFA utilizes
City support services in order to take advantage of the economies of scale created by not duplicating basic
administrative functions. City staff estimates that the total annual cost of these services is approximately
$400,000. These estimates were determined by calculating a pro rata share of the City’s total cost for each
service and allocating those costs to PFA. For example, administration of benefits programs for all City, PFA
and Library District employees was calculated to be approximately $500,000 per year, including City staff,
consultants, actuaries, etc. Since PFA employees represent approximately 10% of the total employees
served, the PFA’s share would be calculated at $50,000 per year. However, as part of this analysis, the City
considered whether any of its actual costs would be reduced if PFA no longer participated in the City’s benefits
program, and concluded that the cost savings would be minimal since virtually all of the same staff and
contracted work would be done each year, with or without PFA employees being covered. The use of
automated systems for much of the “per employee” work results in very little marginal cost for the addition of
200 employees. In each case, City staff has concluded that no staff positions could be eliminated if PFA were
no longer served, and minimal marginal costs are actually incurred.
After many months of work between the City and the District, the final approval of the IGA will take place in two
stages. On May 12, the District Board approved the final IGA by unanimous vote. At the June 3, 2014
Regular Meeting, City Council will consider the same resolution. The overall schedule for consideration of the
financial proposal and the IGA update has been:
City Council Finance Committee review (Financial issues) March 17
PVFPD Board briefing and discussion (Financial Implications and
provisions of IGA)
March 24
PFA Board discussion (Update to Board on PVFPD and City discussions) March 25
PVFPD and City Council Joint Meeting (Review terms of IGA and RAF;
develop consensus on terms to prepare for formal consideration)
April 2
PVFPD Consideration of Resolution 2014 - 03 to Approve IGA and RAF May 12
City Council Consideration of Resolution to Approve IGA and RAF June 3
Incorporation of RAF into City Budget Process June 2014
FINANCIAL / ECONOMIC IMPACTS
Three components—Cost Sharing between District and City, City Contribution Calculation, and the District
Contribution—were applied to develop a new proposed Funding Agreement and RAF for future contributions.
The components of the proposed formula include:
Agenda Item 17
Item # 17 Page 4
Total Cost
Current Budget Level of Service 2014 $24.7 million
Adequate Funding for Level of Service, 2014 $27.5 million
Split (based on the five- year average blend of service calls & assessed value)
City 82.5% $22.7 million
District 17.5% $ 4.8 million
City Funding Shortfall
City 2014 Contribution $20.1 million
City Funding Shortfall $ 2.6 million
City Contribution
Sales and Use Tax .29 cents of one cent of 2.25% Base Sales and Use Tax
Property Tax 67.5% of Property Tax
KFCG As defined in ballot language
District Contribution
Property Tax 10.595 Mills
Timnath URA Tax Increment in lieu of District Property Tax
The proposed City RAF variables (29% of one cent of sales tax and 67.5% of property tax) were determined
based on the City’s 2014 revenue forecasts and the targeted $22.7M for the City contribution. At $22.7M, the
City’s contribution equals 82.5% of the PFA Level of Service Budget and requires an additional $2.6M of
funding over the budgeted 2014 funding of $20.1M. The 82.5% allocation of costs reflects a blend of service
calls and assessed value between the City and the District. City staff is proposing that the $2.6M funding gap
be closed over a five-year period. Going forward, the RAF will utilize the City’s Sales, Use & Property Tax
revenue forecasts to develop PFA funding, and during the next five years, a declining portion of the $2.6M
shortfall will be deducted from the RAF calculated PFA funding.
Budget Projections: The table below reflects how the phase-in will work. The City RAF amount in the 2015
Budgeted and 2016 Budgeted columns reflect the City’s current estimates of revenue that will be provided to
PFA in 2015 and 2016. Calculation for the remaining years in the table below assumes the previously used
3% per year growth assumption for illustration purposes only.
Agenda Item 17
Item # 17 Page 5
City Contribution Projections, 2015 – 2020
(millions of dollars)
2014
2015
Budgeted
2016
Budgeted
2017 2018 2019
2020
City RAF Amount $20.4 $21.2 $21.9 $22.5 $23.3 $24.1 $25.0
+ KFCG $2.3 $2.6 $2.7 $2.6 $2.6 $2.7 $2.8
City Calculated
Contribution
$22.7 $23.8 $24.6 $25.1 $26.0 $26.8 $27.8
Phase-in Adjustment
Yrs Total = 5 80% 60% 40% 20% 0%
- Phase-in Adjustment
Amount
($2.6) ($2.1) ($1.6) ($1.0) ($0.5) $0.00
City Actual Contribution $20.1 $21.7 $23.0 $24.1 $25.4 $26.8 $27.8
ATTACHMENTS
1. History of Poudre Fire Authority (PDF)
2. IGA between City and District (redline/strikeout version) (PDF)
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ATTACHMENT 1
Poudre Fire Authority History
June 3, 2014
In 1981, the City of Fort Collins and the Poudre Valley Fire Protection District developed an
intergovernmental agreement to provide joint fire protection and rescue services within their
respective boundaries. The two entities entered into a “trial period” of consolidation and then
entered into the current Intergovernmental Agreement (IGA) in 1987. The Poudre Fire
Authority is a consolidated fire service model which combined the City Fire Department with
the District Fire Department to provide service in both the District and the City.
The District surrounds the City of Fort Collins, and also encompasses the Town of Timnath,
LaPorte, Bellvue, Horsetooth and Redstone Canyon for a total of 235 square miles of Northern
Colorado. It is a Special District under Colorado law, governed by a five-member Board of
Directors elected by residents of the District. Prior to the consolidation, the District was
serving areas on all sides of the City, and often crossing through the City to reach calls in
various parts of its service area. In addition, each entity provided mutual aid within the other’s
boundaries. The combination of the two departments created a much more efficient service
plan, saved resources by using existing and future stations to serve both urban and rural
settings, and reduced overhead costs.
Other service models were considered, including mutual aid contracts, contracts for service
and creation of a Special District which encompassed both the City limits and the existing
District boundaries. Changes in State law created an opportunity for a Fire Authority to be
establish which would take advantage of the assets of both existing departments, maintain the
relationship between the City and the District, and provide an efficient response system. The
consolidated departments brought together staff, facilities, equipment, dispatch services and
administration to provide services in the PFA boundaries.
At the time of consolidation, the participants estimated that the creation of the PFA would
result in a cost savings of over $1 million per year for the City and the District because of
shared resources and shared stations. Over the years, these savings have increased. A 2007
estimate concluded that the savings to the City alone resulting from the PFA would have been
over $2 million. If the partnership with PVFPD did not exist the City would likely need to
increase its O&M funding by $2,400,000 to maintain existing services, plus some portion of a
capital cost to replace facilities and apparatus that now jointly serve both areas. These figures
were calculated based on the cost of replacing stations and staff located in the District but with
current response areas substantially within the City limits. The District would also likely see
cost increases as it relocated or revised its service plan to provide services to areas on all sides
of the City. Since this analysis, annual savings have continued to increase through the shared
model.
The joining of forces created by PFA have resulted in improved insurance ratings, lower long-
term costs to the taxpayer, enhanced ability to respond to large scale emergencies, and
coordinated strategic planning.
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Governance of the PFA was established as an independent Board of Directors. The Board was
established to include two members appointed from the City Council, two members appointed
from the PVFPD Board, and one member appointed by the other members. This 5th member
has typically been the Fort Collins City Manager. A set of Bylaws was adopted in 1987 which
sets forth the structure and timing of the PFA Board meetings and the process for selection of
officers of the Board. The PFA relies on the City, Town of Timnath, Larimer and Weld Counties,
or the District to adopt any policy or regulation which requires the force of law, since PFA does
not have any regulatory power separate from those entities.
Growth of Poudre Fire Authority
When the PFA was created in 1981, the combined City and District population was
approximately 91,400. It provided service from seven paid fire stations with 104 paid
employees. Calls for service totaled 3,141 in 1981.
As both the City and the District have grown over time, so has the PFA. The PFA population has
grown to the current 185,000 residents. Employees have increased to 185 full-time employees,
plus 30 volunteer firefighters. Calls for service are 5.5 times higher than in 1981, and since
1993 calls per line fire staff member have nearly doubled. This increase in demand and
workload reflects both the growth of the communities and the increasing call for more types of
services than were provided in the past. The addition of technical rescue services, swift water
rescue, hazardous materials response and other types of services reflect the expectations of the
community for emergency services response well beyond fire response alone.
Other measures of growth in the PFA include the addition of six stations, additional crews for
truck companies within existing stations, and the development of the Training Center. Over
time, a greater percentage of growth in several measures is attributable to the City. A greater
percentage of assessed valuation of protected structures is within the City, as are a larger
percentage of calls. These facts are consistent with a gradual growth of the City through
annexations of District properties into the City limits.
Original PFA Revenue Allocation Formula
The City and PVFPD have shared in the funding of PFA through a model outlined in the 1987
Intergovernmental Agreement. Each partner has its own method for providing funding for its
share of operations and maintenance and capital needs.
CITY OF FORT COLLINS: The funding formula agreement for the City’s share of PFA was
established as a fixed sum contract each year. The formula was developed to provide a
relatively stable funding source, but which would follow the growth and decline of City
revenues in both sales and use taxes and property taxes. The fixed sum was to be estimated
during the budget process to be the equivalent of .303 of one cent of the existing 2.25%
sales and use tax, and 67.09% of the City’s property tax mill levy. This amount was to be
appropriated as a part of the City’s annual budget. The PFA’s appropriation was not to vary
based on actual year end collections, whether they were higher or lower than the budget
projection. Early documents from the City note that in a downturn in the economy, the City
“may approach the Authority to accept a lesser amount than what has been budgeted. The
City could not require the Authority to cut back.” These funds were directed to the
Operation and Maintenance needs of PFA.
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In 1993, City Council acknowledged that it needed to provide additional funding to PFA for
capital needs and increased its mill levy to provide a dedicated 1 mill allocation to PFA’s
capital fund. In 1996 the dedicated 1 mill usage was expanded to include operations and
maintenance costs in addition to apparatus replacement and capital needs not funded.
In the 1990’s, the City applied TABOR limits to its allocations to PFA and made adjustments
(increases or decreases) for items such as annexations, economic downturns, etc. After
2008, the City began to allocate funds to PFA based on a percentage increase over previous
years, rather than a calculation of the previous Revenue Allocation Formula.
In 2010, City voters approved the Keep Fort Collins Great sales and use tax package
including dedicated funds for new fire services.
POUDRE VALLEY FIRE PROTECTION DISTRICT: The District’s financial commitment to
the PFA for each year is based on property tax receipts as projected by Larimer and Weld
Counties in December of each year. The District’s mill levy has fluctuated between 4.75
mills and 11.81 mills since 1981. The highest rate was in place in 1987 as the District
raised revenues to pay off a bond for Station 7 in LaPorte.
In 2010, District voters approved a mill levy increase from 9.301 to 10.595 mills, to provide
PFA with additional funds matching the increase in revenue provided by the City in the
Keep Fort Collins Great (KFCG) program. The District’s increase did not include a sunset
provision similar to the one included in the KFCG program.
Each year, the District Board allocates most of its revenue directly to PFA, holding back
enough revenue to cover the District’s operating costs and projected capital needs. Over
recent years, the District has built up a capital fund dedicated to the construction of Station
8 in Timnath. The District is expected to transfer $1.4 million from these funds to PFA’s
capital budget in either 2014 or 2015 for the planned construction of Station 8.
PFA BOARD: The IGA requires the City Council and the District to annually approve their
PFA budget contribution as an appropriation prior to the end of each year. After the
allocation is set, the funds are turned over to PFA to be budgeted by the PFA Board. All
funds are transferred to PFA, which receives its expenditure authorization from the PFA
Board. Under the terms of the IGA, PFA is authorized to retain any unexpended funds in
reserve, without further approval of the City or the District.
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Poudre Fire Authority Revenue Allocation Formula History
1987-2014
City of Fort Collins PVFPD
Sales and
Use Tax
Property
Tax
Capital
Mill levy
Keep Fort
Collins Great
Property Tax
1987- 1990 .303 of one
cent of the
City’s
2.25% base
sales tax
rate
67.09% of
City
Property
Tax
N/A N/A 11.81 Mills (varied
with debt service
level)
1991 – 2006 .303 of one
cent of the
City’s
2.25% base
sales tax
rate
67.09% of
City
Property
Tax
1 mill N/A 9.301 Mills
2007-2010 Fixed percent increase
over previous year
1 mill N/A 9.301 Mills
2010-2014 Fixed percent increase
over previous year
1 mill 11% of .85%
KFCG sales and
use tax
10.595 Mills
Proposed 2015 .29 of one
cent of the
City’s
2.25% base
sales tax
rate
67.5% of
City
Property
Tax
N/A 11% of .85%
KFCG sales and
use tax
10.595 Mills plus
1
AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT
ESTABLISHING THE POUDRE FIRE AUTHORITY
THIS AGREEMENT, entered into this ___ day of ________________, 2014, pursuant to
Section 29-1-201 et seq., C.R.S., by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, hereinafter referred to as the "City", and THE POUDRE
VALLEY FIRE PROTECTION DISTRICT, Larimer County, State of Colorado, hereinafter
referred to as the "District".
WITNESSETH:
WHEREAS, the parties to this Agreement have entered into a previous intergovernmental
agreements providing for the formation of an independent governmental entity for the purpose of
providing fire protection and related services, as noted in such previous intergovernmental
agreements, within the respective territorial limits of the parties hereto, which entity is known as
the POUDRE FIRE AUTHORITY; and
WHEREAS, that those previous agreements, as amended, has have been mutually
beneficial in providing a higher degree of protection to persons and property within the
respective territorial limits of the parties hereto; and
WHEREAS, the parties desire to provide for the continued existence of the POUDRE
FIRE AUTHORITY, and to amend and restate in full all previous intergovernmental agreements
regarding the establishment and operation of the Poudre Fire AuthorityPOUDRE FIRE
AUTHORITY.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
expressed, it is agreed by and between the parties hereto as follows:
ARTICLE I
GENERAL PROVISIONS
1.1. Term of the Agreement. This Agreement shall be in effect January 1, 1988 from
the date first above written until terminated by the parties as herein provided. In addition to the
option to terminate for non-appropriation as described in Section 5.4., below, this Agreement
may be terminated under this Section by either party hereto, provided written notice of
termination is given to the other party. The effective date of termination shall be on December 31
of any calendar year, provided said termination shall be no sooner than twenty-four (24) months
after service of the written notice of termination.
ATTACHMENT 2
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1.2. Poudre Fire Authority. The existence of the independent governmental entity
known as the "POUDRE FIRE AUTHORITY", hereinafter referred to as the "Authority",
created by the intergovernmental agreement of the parties dated December 22, 1981, as such
agreement was amended thereafter, is hereby continued. The Authority is an independent
governmental entity separate and distinct from the City and the District. The Authority may
provide, either directly or by contract, fire protection, emergency medical, rescue and ambulance
transport services, enforcement of fire prevention codes, hazardous materials response, and other
emergency services typically provided by a public fire department and that may be provided by a
fire department under the City Charter and by a fire protection district organized pursuant to
Article 1, Title 32, C.R.S., within the respective territorial limits of the parties (collectively, the
“Fire Rescue Services”).
1.3. Nature of the Authority. The Authority is a separate legal entity organized
pursuant to Section 29-1-203(4), C.R.S. In carrying out its purposes, the Authority will observe
and comply with statutes and laws applicable to the District and the City, including, but not
limited to Parts 1, 5, and 6 of Article 1, Title 29, C.R.S., regarding budget preparation,
accounting, and auditing; and Part 4 of Article 6, and Parts 2 and 3 of Article 72 as applicable to
the Authority, and Article 10 of Title 24, C.R.S., regarding open meetings, open records,
criminal justice records, and governmental immunity. The parties intend that the Authority not
be considered a “district” subject to Article X, Section 20 of the Colorado Constitution. The
Authority boundaries shall consist of the combined territorial boundaries of the parties.
1.34. Governing Board. The Authority shall be administered by a governing Board of
five (5) members, hereinafter referred to as the "Board." The City shall appoint two (2) members
and the District shall appoint two (2) members. The fifth member shall be appointed annually at
the first regular meeting of the Board in August of each year by majority vote of by the four
other members as appointed by the City and District.
A. All appointees and terms of appointment shall be at the discretion of the
appointing entity.
B. All vacancies on the Board shall be filled by the appointing entity.
1.45. Meetings of the Board.
A. Regular Meetings. The Board shall provide for regular meetings at a time
and place fixed by resolution of the Board.
B. Special Meetings. The Board may conduct special meetings for the
purpose of taking immediate action for emergency measures, as necessary
Special meetings may be called by the Chair of the Board or by the Board
at such times as the Chair or the Board may determine to be necessary,
provided that written notice or notice by telephone or electronic mail of
the time, place, and business of such meeting is given to each Board
member at least twenty-four (24) hours prior to such meeting. Any Board
member may sign a waiver of notice which waiver shall then be in lieu of
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any other notice requirement. A Board member attending any special
meeting shall be deemed to have received the necessary notice.
C. Open Meetings. All meetings of the Board shall be open to the public,
except that the Board, by majority vote of members present, may go into
executive session for the purpose of discussing personnel matters, meeting
with attorneys representing the Authority to discuss legal matters, and
consideration of real property acquisitions by the Authority as permitted
by state law.
D. Electronic Attendance. If approved by the Board, the Board members
may participate by telephone or other technology that allows them to
participate in a meaningful manner, so long as meetings are open to the
public and the Board is not acting in a quasi-judicial capacity.
1.56. Minutes. The Secretary shall cause all minutes of the meetings of the Board to be
kept and shall, prior to the next meeting, provide a copy draft of the minutes to each member of
the Board for consideration at the next meeting.
1.67. Voting; Quorum; Required Votes. Each member of the Board shall have one (1)
vote. A quorum of the Board shall consist of three (3) members, provided that the City and the
District are represented by at least one of their appointees, and no official action on any matter may
be taken by the Board unless a quorum is present. Unless otherwise required by law, the affirmative
votes of a majority of the Board members present shall be required for the Board to take any action.
1.78. By-laws. The Board may adopt such by-laws, rules and regulations as necessary
for the conduct of its meetings and affairs.
ARTICLE II
OFFICERS AND EMPLOYEES
2.1. Chairman, Vice Chairman and Secretary. The Board shall elect a Chairman and
Vice Chairman from its members, and shall appoint a Secretary who may, but need not, be a
member of the Board. Said officers shall perform the duties normal for said offices, including the
following:
A. The Chairman shall sign all contracts on behalf of the Authority, except
contracts or agreements that may be signed by the Administrative Chief or
Executive Fire Chief of the Authority, as herein provided, and shall
perform such other duties as may be imposed by the Board.
B. The Vice Chairman shall perform all of the Chairman's duties in the
absence of the Chairman.
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•
C. The Secretary shall attest to all contracts signed on behalf of the Authority
and perform such other duties as may be imposed by the Board.
2. 2. Management. The Board shall appoint an Administrative Chief and an Executive
a Fire Chief to manage the Authority. The Executive Chief shall perform all the
Administrative Chief's duties in the absence of the Administrative Chief. The Fire Chief shall
assume responsibilities of the Fire Chief for both parties pursuant to this Agreement. Subject to
the supervision of the Board and the powers specifically reserved to the Board as described in
Article III of this Agreement, the Fire Chief shall have all powers and authorities provided for a
municipal fire chief and a fire chief under Section 32- 1-1002, C.R.S., and shall oversee and
manage all business and affairs of the Authority, including the operation, maintenance,
management, administration, and provision of all facilities, improvements, equipment, services
and personnel, in the manner typically associated with a fire and emergency rescue agency for
which the fire chief has been delegated authority by the governing body to manage all aspects of
the agency, including the authority associated with a chief executive, administrative, and
operational officer. The powers of the Administrative Fire Chief shall have the power include,
but not be limited to, the following:
A. To provide for the planning, design and construction of any buildings,
additions or improvements to the facilities owned by the Authority.
B. To execute any contract for capital costs, costs of special services,
equipment, materials, supplies, maintenance or repair that involves any
expenditure by the Authority of less than Twenty Seventy-Five
Thousand Dollars ($20,00075,000), providing such expenditure is
within budget. This expenditure limit will be increased or decreased
every five years according to the cumulative Denver-Boulder Consumer
Price Index for Urban Consumers, as published by the Bureau of Labor
Statistics. Such adjustment will be made by the Board.
C. To employee all personnel of the Authority required for the provision of
Fire Rescue Services and maintenance and operation of all facilities and to
make such personnel decisions as he or she deems appropriate, including
without limitation, decisions as to organization, staffing levels,
deployment, promotions, demotions, discipline and, where deemed
necessary by the Fire Chief, termination.
D. To employ all personnel required in connection with the planning, design
and construction of any buildings, additions or improvements to the
facilities owned by the Authority.
E. To expend funds and enter into contracts, whenever required, for the
immediate preservation of the public health, safety, and welfare, provided
that the amount of funds involved does not exceed one percent (1%) of the
annual budget of the Authority for the year in which the funds are
expended or the contract is made.
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F. To dispose of by sale any personal property of the Authority with a value
of less than Ten Fifty Thousand Dollars ($10,000.0050,000). This sale
limit shall be increased or decreased every five years according to the
cumulative Denver-Boulder Consumer Price Index for Urban Consumers,
as published by the Bureau of Labor Statistics. Such adjustment shall be
made by the Board.
G. To approve payroll payments and other demands for payments by the
Authority, provided that such payments are within budget and an that no
individual payment does not exceed exceeds Twenty Seventy-Five
Thousand Dollars ($20,000.0075,000). This payment limit will be
increased or decreased every five years according to the cumulative
Denver-Boulder Consumer Price Index for Urban Consumers, as
published by the Bureau of Labor Statistics. Such adjustment will be made
by the Board.
H. To prepare and submit to the Board an annual operating budget for the
next fiscal year in accordance with the budget schedules of the City and
District.
I. To adopt general operating guidelines, including but not limited to non-
personnel matter policies and procedures, operating policies and
inspection policies, as deemed appropriate by the Fire Chief.
J. Generally, To generally supervise the acquisition, construction,
management, maintenance and operation of the Authority's facilities and
personnel.
K. To negotiate with labor groups as may be required by state law or
authorized by the Board.
L. To negotiate with a provider of ambulance services dispatched through the
City’s public safety answering point (PSAP) within the Authority’s
service area, including, but not limited to, an exclusive service agreement,
performance standards, and other provisions as deemed appropriate, to be
approved by the Board.
M. To conduct procurement and purchasing processes consistent with the
City’s administrative procurement policies and procedures, unless
excepted from those policies and procedures by the Board.
N. To provide an Annual Report regarding the activities and
accomplishments of the Authority, including reports to the City and
District for the purpose of reviewing annual performance measurements
and metrics, goals, actual spending to budget, benefits to the community
6
related to strategic outcome goals, operational efficiency, productivity
improvements, and issues of concern to the Board Authority, the District,
and the City, with such report to be submitted annually in the second
quarter of each year. The Authority shall also provide the community
with regular updates throughout the year related to its performance as
measured by relevant performance metrics, including analysis of
effectiveness in meeting community service needs.
KO. To perform such other duties as directed by the Board and report to the
Board at such times and on such matters as the Board may direct.
2.3. Legal Advisor. The Board shall have the power to appoint, through a
competitive selection process as determined by the Board, an attorney to provide legal
services to the Authority legal advisor of the Authority who shall perform such duties as
directed by the Board.
2.4. Other Employees. The Board shall have the power to appoint and employ such
other persons, agents, and consultants for the purpose of providing professional, technical or
consulting services as may be necessary for the purposes of this Agreement.
ARTICLE III
POWERS OF THE AUTHORITY
3.1. General Powers. The Authority shall exercise, in the manner herein provided, the
-
powers common lawfully authorized to the City and the District each of the parties, as provided
by the laws of the State of Colorado, and all incidental, implied, expressed or necessary powers
for the accomplishment of the purposes of this Agreement as provided herein. The Authority’s
powers shall be exercised by the Board unless otherwise designated by this Agreement,
applicable law, or delegation of the Board. The Authority shall not have the power to levy taxes.
3.2. Specific Powers. The Authority is hereby authorized, in its own name, to do all
acts necessary for the exercise of the foregoing powers including, but not limited to, the
following:
A. To make, and enter into, and perform contracts, including those with the
parties hereto, for goods or services of every kind as authorized by law
with other governmental entities, the State of Colorado, or any political
subdivision thereof, the United States, or any political subdivision thereof,
and any individual, firm, association, partnership, corporation or any other
organization of any kind.
B. To employ all necessary personnel.
C. To acquire, construct, manage, maintain, and operate any buildings,
works, improvements or other facilities.
7
D. To acquire, hold or dispose of property.
E. To sue and be sued in its own name.
F. To incur debts, liabilities, or obligations, provided that no debt, liability or
obligation shall constitute a debt, liability or obligation of either the City
or the District to the extent and in the manner permitted by law, and
borrow money and, from time to time, make, accept, endorse, execute,
issue and deliver bonds, notes and other obligations of the Authority for
monies borrowed, or in payment for property acquired, or for any of the
other purposes, services or functions of the Authority; and, as provided by
law, and to the extent permitted by law, to secure the payment of any such
obligations by mortgage, pledge, deed, indenture, agreement, or other
collateral instrument, or by other lien upon or assignment of all or any part
of the properties, rights, assets, contracts, easements, revenues and
privileges of the Authority; and providing that all debts, liabilities, and
obligations of the Authority shall be limited to or secured only to the
extent of the Authority’s revenues and assets; and further providing that
no obligation of the Authority shall be or become an obligation of either
the City or the District without the express written consent of such party.
G. To apply for, accept, receive and disperse grants, loans and other aid from any
governmental entity or political subdivision thereof.
H. To invest any unexpended funds that are not required for the immediate
operation of the Authority, as the Authority determines is advisable, in
accordance with the laws of the State of Colorado; provided, however, that
such investment management and cash management services will be
provided by the City through its Finance Department.
I. To administer and enforce the Fire Code adopted by the City and District,
and as adopted or consented to by other municipalities and counties within
the Authority’s service area.
J. To contract with a provider of ambulance services dispatched through the
City’s public safety answering point (PSAP) within the Authority’s
service area through any lawful means, including, but not limited to, an
exclusive service agreement, performance standards or other provisions as
deemed appropriate by the Board.
K. To adopt bylaws, rules, and regulations respecting the exercise of its
powers and carrying out of its purposes.
L. To fix, maintain, and revise fees, rates, and charges for functions, services,
or facilities provided by the Authority in the manner provided by law.
8
M. To own, operate, and maintain real and personal property and facilities in
common with others, and to conduct joint, partnership, cooperative, or
operations with others, and to exercise all the powers granted herein in
joint, partnership, cooperative, or other operations with others.
N. To act as agent on behalf of the parties with regard to the functions and
services described hereinabove and any existing contracts and agreements
between either or both of the parties or any other party, to the extent
permitted by law and the terms of such contracts and agreements.
JO. To carry out and enforce all provisions of this Agreement.
ARTICLE IV
ORGANIZATIONAL PROCEDURE
4.1. Delegation of Powers. Duties and Responsibilities.
A. Each of the parties hereto delegates to the Authority the power, duty and
responsibility to maintain, operate, manage and control all of the fire
protection Fire Rescue Services facilities, equipment, resources and
property of the Authority, including without limitation, all fire stations,
land, buildings and firefighting, emergency medical and rescue
equipment, and to employ the necessary personnel and do any and all
other things necessary or desirable to provide continued efficient and
economical fire protection Fire Rescue Services to all persons and
property within the respective territorial limits of the parties hereto,
which area shall be considered the jurisdiction of the Authority.
B. The Authority is hereby empowered to provide Fire Rescue Services to
persons and property outside the jurisdiction of the Authority by
agreement in exchange for payment or reciprocal services, as long as
such additional services can be provided through the use of existing
facilities, equipment, resources, and personnel of the Authority.
4.2. Personnel.
A. The Board shall adopt the necessary rules, regulations and procedures
which shall necessary to govern personnel matters.
B. During the term of this Agreement, all employees transferred from the City
and the District under the original Intergovernmental Agreement and all
employees hired by the Authority shall be employees of the Authority
subject to the terms and conditions of employment in effect as stated in
Authority Personnel Rules and Regulations, as amended from time to
time.
9
C. All of the time that a transferred employee has spent as a Fire Department
employee of either the City or the District shall be considered as time
employed by the Authority for the purpose of determining any conditions
or benefits of employment with the Authority.
D. The establishment of the Authority as an independent governmental entity
shall not affect in any manner the rights of City or District employees,
hired prior to January 1, 1982, insofar as they relate to pension benefits
provided by the laws of the State of Colorado.
E. The City and the District shall be responsible for their respective unfunded
pension liabilities incurred prior to January 1, 1982.
FE. At the termination of this Agreement, any unfunded pension liabilities
incurred by the Authority during the term of this Agreement shall be
assumed by the City or the District in proportion to the allocation of
Authority personnel to the City and the District.
GF. If this Agreement is terminated, the parties agree that any employee of the
Authority who was an employee of the City or the District on January 1, 1982
shall have the right be restored to
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employment with the employee's original
employer (City or District as applicable) or the entity which has need for
additional employees. Said employment shall be subject to the terms and
conditions of employment then in effect as stated in City or District personnel
rules.
4.3. Authority Fund. The Board shall establish an Authority Fund to account for all
financial transactions of the Authority in accordance with generally accepted accounting principles.
ARTICLE V
BUDGET; MAINTENANCE AND OPERATION
COSTS; OTHER COSTS
5.1. Annual Budget.
A. The Board shall adopt a preliminary budget for maintenance and operation
costs, capital costs, and costs of special other services in accordance with
the budget schedules of the City and the District, which budget may be
amended from time to time based on changes in revenue projections made
by the City and the District. The Board shall submit the budget to the
respective governing bodies of the parties hereto. The budget shall become
the Authority budget only after approval of the appropriations by the
respective governing bodies and final approval by the Board.
10
B. The City shall contribute funding for maintenance and operation costs to the
Authority based on a "Revenue Allocation Formula" which shall be set
annually based upon a percentage of sales and use tax revenues (excluding
sales tax revenue which must be spent on specific projects) and a portion of
the operating mill levy of the City's property taxes. The dollar amount of the
City's contribution, determined through the use of the “Revenue Allocation
Formula”, shall be based upon the City's revenue projections made during the
City's budgetary process. The District shall adopt a mill levy annually pursuant
to state law and a portion of said levy shall be dedicated to the Authority for
maintenance and operation costs. The Authority shall request funds for capital
costs pursuant to the procedures set by the City and District. The financial
contributions of the parties for the funding of the Authority shall be determined
by the Revenue Allocation Formula, hereafter referred to as the “RAF,” as set
forth in Exhibit A, attached hereto and incorporated by this reference.
C. The Board shall present requests for supplemental appropriations to the
respective governing bodies of the parties hereto. For the purposes of this
Agreement, "supplemental appropriations" shall mean any appropriation
made above and beyond the annual appropriation made during the
budgetary process.
D. The Board shall have the power to reappropriate funds in the fund balance
for whatever purpose the Board deems appropriate or necessary without
approval of the City or District. Such reappropriations shall be made only
at meetings of the Board held after proper notice has been given,
according to the bylaws of the Authority.
5 2. Records and Accounts. Through the City’s Finance Department, the Authority
shall provide for the keeping of accurate and correct books of account, showing in detail the capital
costs, cost of special services, maintenance and operating costs and all financial
transactions of the Authority which books of account shall correctly show any receipts and also
any costs, expenses or charges paid to or to be paid by each of the parties hereto. Said books and
records shall be open to inspection at all times during normal business hours by any representative
of either party or by the accountant or other person authorized by either party to inspect said books
or records. The Board shall provide for the auditing of all books and accounts and other financial
records of the Authority on an annual basis, with such auditing to be conducted by a utilizing the
same certified public accountant as is used by the City in the auditing of its financial records.
The results of said audit shall be presented to the City and the District not later than thirty (30)
days after receipt by the Board.
5.3. Payment of Costs. Each of the parties agrees to pay to The City shall pay the
Authority monthly and the District shall pay the Authority quarterly, in advance, its allocated
share of the total estimated budgeted annual costs and expenses. The Board is authorized to
approve other arrangements for payments by the City and the District, provided the financial security
of the Authority is not impaired. In addition to supplemental appropriation requests, the Board is
authorized to request amounts in excess of any regular payment for the costs and expenses of the
11
Authority, provided the total annual allocation does not exceed the estimated share of costs and
expenses for either party to this Agreement. The Authority shall make available to each of the
agencies a final detailed statement of the final costs and expenses for the fiscal year allocated in the
same manner as estimated expenses were allocated, as soon as possible after the close of each fiscal
year.
5.4. Sources of Funds Appropriation and Non-Appropriation of Funds. Each party
shall provide the funds required to be paid by it to the Authority under this Agreement from any
source of funds legally available to such entity for such purpose. All financial obligations of the
City and the District incurred pursuant to this Agreement are expressly contingent upon the
actual appropriation of funds by each party. Upon an event of non-appropriation by one party,
the party that has appropriated funds may, in its sole discretion, terminate this Agreement
effective as of the last day of the year in which funds have been appropriated by both parties, or
ninety (90) days after service of written notice of termination upon the other party, or may
choose to continue this Agreement in effect, in which case the Authority shall adjust the level of
service consistent with the revenues available from the appropriating party. available revenues.
If both parties fail to appropriate funds under this Agreement, unless otherwise agreed to by the
parties, then this Agreement shall terminate effective as of the last day of the year in which funds
have been appropriated by both parties agreed to by the parties, taking into consideration
available revenues.
ARTICLE VI
SERVICES
6.1. Professional, Administrative and Support Services. The parties may provide the
necessary professional, administrative and support services to the authority at no cost on the
same basis and to the same extent as such services were historically provided by the parties prior
to January 1, 1982, except that the parties may enter into additional agreements for the propose
of securing any necessary professional, administrative and support services. The City shall
provide to the Authority those professional, administrative, and support services described in
Exhibit B, attached hereto and incorporated herein by this reference, upon the terms and
conditions set forth therein. The Authority shall provide to the City those services also described
in Exhibit B, upon the terms and conditions set forth therein. The provision of those services
shall be at no additional charge unless otherwise indicated on Exhibit B. Upon the written
agreement of the City Manager and the Fire Chief, Exhibit B may be amended from time to time.
6.2. Additional Services. The City may agree to provide other additional services to
the Authority, provided the Authority complies with the operating procedures of the City.
ARTICLE VII
OWNERSHIP OF PROPERTY
7.1. Real and Personal Property. The Authority shall continue to hold all right, title
and interest in any and all real property and personal property transferred to the Authority by the
12
City or the District or acquired by the Authority since January 1, 1982 for the purpose of
providing fire protection Fire Rescue Services, unless such property is disposed of in compliance
with the terms of this Agreement.
7.2. Asset Inventory Schedules. The Authority shall maintain separate asset inventory
schedules for any and all property transferred from the City or the District which remains under
the ownership of the Authority, as well as any and all property acquired by the Authority since
January 1, 1982.
ARTICLE VIII
TERMINATION
8.1. Disposition of Assets. Upon termination of this Agreement pursuant to
paragraphs 1.1. or 5.4. above, the assets of the Authority shall be disposed of as follows:
A. All assets acquired by the Authority from contributions from the parties
shall be returned to the contributing party if said assets are still owned by
the Authority.
B. If assets contributed to the Authority are not in existence, the contributing
party shall have the option of receiving the fair market value of the asset at
the time of disposal by the Authority in either cash (if available) or assets of
the Authority acquired from with funds provided by the parties.
C. All remaining assets acquired by the Authority after January 1, 1982, from
funds provided by the parties shall be distributed to the parties on the basis
of the appraised value of said assets at the time of termination and in the
same proportion as the respective contributions of funds by the parties for
acquisition of the assets over the life of this Agreement.
D. The parties may agree to dispose of any assets of the Authority in any
other acceptable manner.
E. If the parties cannot agree on the disposition of certain assets of the
Authority, said assets shall be subject to an independent appraisal and
shall be sold at public auction with the proceeds allocated to the parties in
the same proportion as the respective contributions of funds by the parties
for acquisition of the asset.
ARTICLE IX
MISCELLANEOUS PROVISIONS
9.1. Notices. Any notice required hereunder shall be in writing and shall be
sufficient if deposited in the United States mail, postage prepaid to:
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CITY: City Manager
City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522
DISTRICT: Chairman of the Board
Poudre Valley Fire Protection District
102 Remington Street
Fort Collins, Colorado 80524
9.2. Consent. Whenever any provision of this Agreement requires consent or approval
of the parties hereto, the same shall not be unreasonably withheld.
9.3. Amendments. This Agreement may only be amended in writing, as required,
by the parties hereto in furtherance of purposes of this Agreement.
9.4. Severability. In the event any provision of this Agreement is determined to be
illegal or invalid for any reason, all other provisions of this Agreement shall remain in full
force and effect unless and until otherwise determined. The illegality of any provision of this
Agreement shall in no way affect the legality and enforceability of any other provision of the
Agreement.
9.5. Successors. This Agreement shall be binding upon and shall inure to the
benefit of the successors of the parties.
9.6. Assignment and Delegation. A party shall neither assign any of the rights nor
delegate any of the duties created by this Agreement without the written consent of the other
party.
9.7. Effect Upon Prior Agreements. This Agreement shall extinguish and replace
the intergovernmental agreement entitled Intergovernmental Agreement dated November 3,
1987, and the three addenda to that Intergovernmental Agreement referenced in the Third
Addendum to the Intergovernmental Agreement Between the City of Fort Collins and Poudre
Valley Fire Protection District dated May 21, 2013.
9.8. No Third Party Beneficiaries. This Agreement is made for the exclusive
benefit of the parties hereto and shall not be construed to be an agreement for the benefit of
any third party or parties and no third party shall have a right of action hereunder for any
cause whatsoever.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed
on the date hereinabove written.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: _____________________________________
Mayor
ATTEST:
_____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
POUDRE VALLEY FIRE PROTECTION DISTRICT
By: __________________________________________
President of the Board
ATTEST:
___________________________
Secretary
APPROVED AS TO FORM:
___________________________
Counsel for District
15
EXHIBIT A
TO INTERGOVERNMENTAL AGREEMENT
Funding Formula and Revenue Allocation Formula (RAF)
The City of Fort Collins and the Poudre Valley Fire Protection District will each make annual
contributions to the Poudre Fire Authority according to the following contribution calculations:
A. City Contribution to the Authority per RAF
Subject to the Adjustments described below, the City will annually contribute to the funding of
the Authority the following amounts:
1. .29 of one cent of City base sales and use tax (excluding sales and use tax revenue
which must be spent has been legally pledged for use only on specific projects and
debt serviceobligations, or has otherwise been restricted or committed for a
particular use as a matter of law or contract); and
2. 1 mil of the City’s property tax mill levy and a sum equal to 64 percent of the
operating mill levy (minus the 1 mill contribution)A sum equal to 67.5 percent of
the operating mill levy of the City’s property taxes; and
3. Sales and use tax revenue from the voter approved tax measure currently known as
“Keep Fort Collins Great” (KFCG) per the tax measure provision for fire protection
and other emergency services funding.
“City Sales and Use Tax” and “City Property Tax” refer to forecasts per the City’s Financial
Services April projection as part of the City’s Biennial Budget process. The RAF will be
updated throughout that same year if there are material changes to the City Sales & Use Tax and
City Property Tax April projections.
City Contribution Calculations
The formula for determining the City’s Calculated Annual Contribution to the Authority will
be calculated as the sum of:
1. A portion of Base Sales and Use tax revenue
Total City Base Sales & Use Tax Revenue (per Financial Services April
projections)
÷ 2.25 DIVIDE: Total 2.25 cent Base City sales and use tax to equal
subtotal of 1 cent of sales and use tax
× 0.29 MULTIPLY: RAF sales and use tax percentage share of total
revenue
Sales and use tax RAF Amount
Example: If 2.25% sales tax yields $60 million per year, then $60 million ÷ 2.25 =
$26.66 million per 1% of sales and use tax; then $26.66 million x .29 = $7.733
million is .29 cents of sales and use tax to be contributed to PFA.
16
2. PLUS a portion of Property Tax revenue
City 9.797 Mill Property Tax Revenue (per Financial Services April projections)
× 0.675 MULTIPLY: RAF property tax percentage
Property tax RAF Amount
MINUS: 1 mill for Capital needs
subtotal = 8.797 Mill revenue
x 0.64 MULTIPLY: RAF property tax percentage
Property tax RAF Amount
3. PLUS tax measure revenue from Keep Fort Collins Great dedicated to fire
protection and other emergency services funding
PLUS one mill of Property Tax
1 mill City Property Tax for capital
4. PLUS tax measure revenue from Keep Fort Collins Great dedicated to fire
protection and other emergency services funding
The sum of which components equals the City Calculated Annual Contribution to the
Authority.
Phase-in of City Contribution Adjustment ($2.6 M over 5 years)Escalation Adjustment:
The City’s current (2014) budgeted contribution to the Authority is $2.6M below the RAF
calculated amount. It is the City’s intent to phase in its total contribution to equal the RAF
calculation over a 5 year time period beginning in 2015 as follows:
City Calculated Annual Contribution
MINUS: Escalation Adjustment for year
Total City Contribution
Escalation Adjustment by year:
2014 = $2.6M
2015 = $2.1M
2016 = $1.6M
2017 = $1.0M
2018 = $0.5M
Annexations Adjustment:
Annexation – primarily residential:
In the event of a City approved annexation of properties included in the District that are
primarily residential in nature, the RAF sales and use tax percentage and RAF property
tax percentage will be adjusted to ensure no loss of revenue to PFA.
Annexation – with significant commercial or industrial components:
In the event of a City approved annexation of properties included in the District that
include a significant commercial or industrial components, the City and District will work
17
cooperatively to ensure that service levels will be maintained through adequate funding
adjustments after the annexation has occurred.
URA / TIF / Adjustments and Other Implications:
In the event of Urban Renewal Authority (URA) implementation of tax increment financing
(TIF) that materially affects the City contribution to the Authority or cost of service to the
Authority, the City and District will work cooperatively to ensure that service levels will be
maintained through adequate funding adjustments.
All parties are committed to renegotiating the RAF or contribution amount in good faith in the
event of “other” implications that affect the efficient implementation of the RAF or management
of the Authority in a fiscally prudent manner.
B. District Contribution
The District will annually contribute to the funding of the Authority the following amounts:
The District shall annually adopt a mill levy (minimum 10.595 mills) pursuant to state law, and
100% of the mill levy revenue, less reasonable administrative expenses for the operation of the
District, shall be contributed to the funding of the Authority for maintenance, operations and
capital needs of the Authority any authorized purpose.
C. Other Revenues
The Poudre Fire Authority will generate other revenues for support of specific programs and
services through a variety of sources. The PFA is authorized to expend these funds with
approval of the PFA Board of Directors in the same manner as City and District funds are
allocated to PFA purposes. These revenues will be considered to be PFA’s alone and not
revenue of either the City or the District. These revenue sources may include such sources as:
1. Fee Revenue
a. Plan Review and Development Review Fees
b. Sprinkler Inspection Fees
c. Hazardous Materials Fees
d. Wildland Reimbursements or Fees
e. Capital Expansion Fees passed through the City of Fort Collins or other entities
f. Opticom Maintenance Fees
2. Cost sharing revenue for City of Fort Collins Office of Emergency Management
3. Miscellaneous Income
4. Investment Income
5. Grant Revenue
6. Federal, State or County reimbursement for disaster assistance or other purposes.
D. General Provisions
If District or City funding of the Authority changes significantly, all parties commit to
renegotiating the IGA and the City and District contribution amounts in good faith.
18
EXHIBIT B
TO INTERGOVERNMENTAL AGREEMENT
Support Services Provided to the Authority by the City of Fort Collins
Department Service Description
Office of Emergency
Management
Coordinated OEM services Work in close coordination with the
Authority’s designated emergency
manager
Fund portion costs of the City’s joint
OEM in partnership with the City
General Fund and Utility Services
through the City’s Budget process
Human Resources Pension Administration Administer 401 Money Purchase Plans
for Authority benefitted employees
Process new employee enrollment and
changes in participant records
Provide GERP administration for
existing participants
Deferred Compensation Plans
Administration
Administration and support of 457
Deferred Compensation programs
Enrollment and changes processed
Health and Welfare Benefits Administer health and welfare benefits
(medical, dental, vision, life, long-term
disability) within City self-insured plans
and contract group insurance
agreements
COBRA administration
New employee benefits sign-ups
Interpret plans to employees
Act as liaison between employees and
insurance companies
Maintain records, files and forms
Benefits Open Enrollment Provide access to health and welfare
benefits through City sponsored plans in
the same way as provided to covered
City employees
Provide flexible spending accounts
Training Access to skill development courses
including technology, leadership and
professional development classes.
Access to personal enrichment courses
such as wellness classes provided on a
space available basis
Job Posting Link from City employment web site to
Authority’s employment web site
19
positions Post Authority positions
Pre-employment Drug Testing
Human Resources
(cont.)
Records Personnel records maintenance
Employment verifications
Annual EEOC reporting
Wellness programs Provide access to City Health Fair
programs
Provide annual Health Screening/Blood
Draw program to benefited employees in
the same manner as provided to City
employees
Provide annual flu shots to benefited
employees in the same manner as provided
to City employees
Provide office ergonomics reviews for
Authority office employees
Provide EAP services (charged)
Financial Services Payroll Administration Provide payroll services through the City’s
accounting and payroll system
Add new employees through the same
New Hire process as used for City
employees
Provide employee exit processing in the
same manner as provided for City
employees
Administer unemployment claims and
garnishments
Accounting Provide accounts payable, accounts
receivable, and purchasing cards to
Authority
Maintain files and records
Maintain asset inventory
Grant compliance
Cash management
Banking and investing
Capital projects investments (fee charged)
Risk Management (charged)
Provide point of contact for citizen claims
Process Worker Comp and liability claims
to Authority insurancePFA Insurance
Safety monitoring (atmospheric testing,
radon, etc.)
Coordinate selection of worker’s comp
providers
Coordinate insurance renewals: Support
and advice on Property and Casualty and
Workers’ Compensation Insurance contract
Liaison with insurance broker
20
Driver’s license checks
Financial Services
(cont,)
Purchasing Purchasing advice
Issuing purchase orders
RFP/Bid creation and coordination
Service Agreements/Contracts
Capital Expansion Fees Collect and maintain accounts for Capital
Expansion Fees collect from developer by
the City on behalf of Authority
Annual Financial Audit
Coordination
Annual financial audit by same auditor as
contracted by the City (charged)
Operations Services: Fleet Vehicle fueling (charged)
Pool vehicle rentals (charged)
Fuel payment cards
Vehicle repair (charged)
Facilities Facility repairs (charged)
Service contacts (advice on who to call)
Preventive maintenance on HVACs, A/Cs,
furnaces (charged)
Project management for larger projects
(charged)
Real estate services (charged)
Police Services
Dispatch Dispatch consoles (charged)Continue to
provide dispatch services to fire and rescue
services
Information
Technology
Network Administration Work in close coordination with Authority
IT in configuring, maintaining and
managing the Authority’s data network
including network switches, routers, VPN
access and wiring
Provide internet access
Provide access to internet web email
Partner with the Authority in FCPS
Computer Aided Dispatch (CAD) systems
Connectivity to City core switch
GIS Access to City GIS programs, data and
licenses
Voice/Phone system Land-line phone system network and
maintenance
Partners in Verizon wireless purchases
Server/Storage
Administration
Active Directory
Authority equipment in server room
Occasional server support
21
Services Provided to the City of Fort Collins by Authority
Office of Emergency Management Office space for OEM
Training Center space for Emergency
Operations Center
Portion of funding for Emergency Manager
position
Day to day supervision of OEM function
Meeting Rooms Access to conference rooms, community
rooms and Training Center space without
fees
Community Education Programs Support of CityWorks program with
presenters, demonstrations, access to
Authority facilities
Participation in employee Safety Fair
Other fire service education programs upon
request
- 1 -
RESOLUTION 2014-045
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF FORT COLLINS AND THE POUDRE VALLEY FIRE PROTECTION DISTRICT
ESTABLISHING THE POUDRE FIRE AUTHORITY
WHEREAS, on November 3, 1987, the City of Fort Collins (the “City”) and the Poudre
Valley Fire Protection District (the “District”) entered into an intergovernmental agreement (the
“Agreement”) providing for the continuation of an independent governmental entity known as
the Poudre Fire Authority (the “PFA”) which was originally formed in 1981, for the purpose of
providing fire protection services within the City and the District; and
WHEREAS, since 1987, the City and the District have entered into three addenda to the
Agreement; and
WHEREAS, the City and the District have recognized the need to amend and restate the
Agreementand have worked cooperatively to identify and address issues of mutual interest,
including the establishment of a new revenue allocation formula to help ensure a predictable
revenue stream for the PFA for its operations and capital needs; and
WHEREAS, Article XIV, Section 18 of the Colorado Constitution and Section 29-1-201,
Colorado Revised Statutes, encourage governments to make the most efficient and effective use
of their powers and responsibilities by cooperating and contracting among themselves; and
WHEREAS, the City and the District have a history of successful cooperation in the
provision of fire protection services in their respective jurisdictions through the creation of the
PFA, which will be continued by the adoption of an amended and restated Agreement; and
WHEREAS, City staff recommends that the City Council approve and authorize the
execution of the Amended and Restated Intergovernmental Agreement Establishing the Poudre
Fire Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, that the Mayor is hereby authorized to enter into the Amended and Restated
Intergovernmental Agreement Establishing the Poudre Fire Authority in substantially the form
attached hereto as Exhibit “A” and incorporated herein by this reference, with such modifications
or additional terms and conditions as the Mayor, in consultation with the City Manager and City
Attorney, determines to be necessary or appropriate to protect the interests of the City and
effectuate the purposes of this Resolution.
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of June, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
EXHIBIT A
Town of Timnath
TIF revenue in lieu
of property tax