HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/18/2016 - RESOLUTION 2016-080 AUTHORIZING THE MAYOR TO EXECUAgenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY October 18, 2016
City Council
STAFF
Ken Mannon, Operations Services Director
Janet Miller, Assistant Human Resources Director
SUBJECT
Resolution 2016-080 Authorizing the Mayor to Execute an Updated Intergovernmental Agreement Between the
City and the North Front Range Metropolitan Planning Organization Regarding Vehicle Maintenance and
Human Resource Services.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the Mayor to execute an intergovernmental agreement with the North
Front Range Metropolitan Planning Organization (MPO) for the City to provide vehicle maintenance and
Human Resource services to the MPO.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In 2001, the City entered into an agreement with the North Front Range Transportation and Air Quality
Planning Council (MPO) which provided vehicle maintenance services. The 2001 agreement was terminated
by the 2003 agreement. In 2005, the agreement was amended to include Human Resources services.
The scope of the services provided to the MPO by the City has changed significantly over the last 11 years;
thus, the proposed agreement terminates all earlier agreements while incorporating existing portions of the
previous agreements and clarifying the current a future rights and responsibilities of each party.
This agreement states that the City will provide the following services:
Fleet Services
Human Resources Services
The actual cost for these services will be paid by the MPO on a monthly basis or as established in the
agreement.
CITY FINANCIAL IMPACTS
This agreement will not create a negative financial burden on the City. It establishes a reasonable fee-for-
service model.
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RESOLUTION 2016-080
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN UPDATED INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY AND THE NORTH FRONT RANGE
METROPOLITAN PLANNING ORGANIZATION REGARDING VEHICLE
MAINTENANCE AND HUMAN RESOURCE SERVICES
WHEREAS, since 1988, the North Front Range Planning Organization (“MPO”),
comprised of 15 member governments, has worked to promote a regional perspective on some of
the most pressing issues facing the North Front Range, specifically transportation and air quality;
and
WHEREAS, the MPO was established pursuant to the powers set forth in Article XIV,
Section 18 (2) of the Colorado Constitution and Part 2 of Article 1 of Title 29, C.R.S., as
amended; and
WHEREAS, the MPO is charged with the duty to undertake comprehensive, regional
transportation and transportation-related air quality planning; and
WHEREAS, the MPO is the designated entity for the purpose of receiving local, state,
and federal assistance for the purposes of undertaking transportation planning, air quality
planning, and other purposes authorized to the MPO; and
WHEREAS, the City participates in regional vanpooling through VanGo™, a regional
alternative transportation program provided by the MPO; and
WHEREAS, the City entered into agreements with the MPO in 2001, 2003, and 2005
describing services the City would provide for VanGo™, and the City and the MPO wish to
continue in relationship with one another; and
WHEREAS, the 2001 agreement was terminated by the 2003 agreement, and the 2003
agreement was amended in 2005; and
WHEREAS, the City and the MPO intend to create a new agreement which terminates all
earlier agreements while incorporating existing portions of the previous agreements and
clarifying the current and future rights and responsibilities of each party; and
WHEREAS, in accordance with Colorado Revised Statutes Section 29-1-203,
governments may cooperate or contract with another to provide any function, service or facility
lawfully authorized to each of the respective units of government; and
WHEREAS, it is in the interest of both the City and the MPO to provide services to one
another for the purpose of providing regional vanpooling services to the citizens of the City; and
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WHEREAS, a copy of the proposed agreement between the City and the MPO is attached
hereto as Exhibit “A” and incorporated herein by reference (the “Agreement”); and
WHEREAS, the Agreement covers the scope of services each party will provide in
connection to vehicles for regional vanpools traveling into or out of Fort Collins and for certain
Human Resources services provided to the MPO by the City; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
that the Mayor be authorized to execute the IGA between the City and the MPO.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby authorizes the Mayor to execute the Agreement
between the City and the MPO, substantially in the form attached hereto as Exhibit “A,” together
with such modifications and additions as the City Manager, in consultation with the City
Attorney, determines necessary and appropriate to protect the interests of the City or further the
purposes of this Resolution, as set forth above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
18th day of October, A.D. 2016.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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INTERGOVERNMENTAL AGREEMENT
FOR THE PROVISION OF VEHICLE MAINTENANCE AND
HUMAN RESOURCES SERVICES
THIS AGREEMENT is entered into this ____ day of ________, 20__, made by and
between the CITY OF FORT COLLINS, COLORADO (the “City”), and the NORTH FRONT
RANGE TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL, a Metropolitan
Planning Organization, (the “MPO”).
WITNESSETH
WHEREAS, the MPO was created on January 27, 1988, to promote regional
transportation and transportation-related air quality planning, cooperation, and coordination
among federal, state, and local governments in the North Front Range area; and
WHEREAS, the MPO’s activities are of a regional and multi-governmental nature and
the MPO performs regional functions which are authorized by the Fixing America’s Surface
Transportation Act and the Clean Air Act of 1990, as amended, as well as Colorado legislation
which requires a regional and a statewide transportation plan; and
WHEREAS, the MPO is charged with the duty to undertake comprehensive, regional
transportation and transportation-related air quality planning; and
WHEREAS, the MPO is the designated entity for the purpose of receiving local, state,
and federal assistance for the purposes of undertaking transportation planning, air quality
planning, and other purposes authorized to the MPO; and
WHEREAS, the MPO was established pursuant to the powers set forth in Article XIV,
Section 18 (2) of the Colorado Constitution and Part 2 of Article 1 of Title 29, C.R.S., as
amended; and
WHEREAS, Fort Collins participates in regional vanpooling through VanGo™, a
regional alternative transportation program provided by the MPO; and
WHEREAS, the parties entered into agreements in 2001, 2003, and 2005, and wish to
continue in relationship with one another; and
WHEREAS, the 2001 agreement was terminated by the 2003 agreement, and the 2003
agreement was amended in 2005; and
WHEREAS, the parties intend to create a new agreement which terminates all earlier
agreements while incorporating existing portions of the previous agreements and clarifying the
current and future rights and responsibilities of each party; and
EXHIBIT A
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WHEREAS, in accordance with Colorado Revised Statutes, §29-1-203, governments
may cooperate or contract with another to provide any function, service or facility lawfully
authorized to each of the respective units of government; and
WHEREAS, it is in the interest of each of the parties that they may have service of and
from the other party to aid and assist them for the purpose of providing regional vanpooling
services to their citizens; and
WHEREAS, this Agreement covers the scope of services each party will provide in
connection to vehicles for regional vanpools traveling into or out of Fort Collins and for certain
Human Resources services provided to the MPO by the City.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties as hereafter set forth, it is mutually agreed by and between the parties as follows:
1. Termination of Agreement(s). That certain intergovernmental agreement dated
March 5, 2004, and the amendment to that agreement dated July 19, 2005,
between the City and the MPO are hereby terminated.
2. Services/Term. The City agrees to provide support services to the MPO as said
services are described in Paragraph 4 hereof upon the terms and conditions as are
hereafter set forth. The term of service to be provided by the City to the MPO
under this Agreement shall continue indefinitely but may be terminated by either
party with or without cause, upon the giving of not less than sixty (60) days
advance written notice to the other party.
3. Compensation.
a. Fleet Services. In consideration of the services to be provided by the City
to the MPO hereunder, the MPO agrees to pay the City such amounts as
are necessary to compensate the City for its reasonable costs incurred and
as described in paragraph 4 hereof. Said services shall be invoiced by the
City and shall be paid by the MPO within the terms outlined on the
invoices, net 30 days unless otherwise provided in Exhibit A. In the event
of termination, such compensation shall be prorated to the day of
termination. The MPO and the City agree that costs for services provided
may be adjusted year-to-year.
b. Human Resources. The City shall provide those human resources services
to the MPO as set forth in the attached Exhibit D. The MPO shall pay the City an
amount determined by taking the annual total compensation payroll cost for the
City’s Human Resources Benefits Division staff and multiplying that amount by
the percentage of MPO employees compared to City employees. For this purpose,
employee counts will be limited to classified, unclassified management, and
contractual FTE’s. For example, for calendar year 2017 it is estimated that the
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annual total compensation payroll cost for the City’s Human Resources Benefits
Division staff will be $447,220.00. With 1,338 City employees and 10 MPO
employees, the MPO employees comprise .74% of the number of City employees.
The annual total compensation payroll cost would then be multiplied by this
percentage of .74% to arrive at $3,307.84 from the date of the contract through
2017. In addition to the above payments, the MPO shall pay the City for all actual
benefit insurance premiums related to MPO employees. Such benefit payments
shall be made monthly upon invoice from the City.
4. City’s Responsibilities. In providing support services to the MPO, the City
agrees to perform, and invoice for, the following:
See Exhibits A and B.
5. MPO’s Responsibilities. The MPO agrees to perform the following:
See Exhibit C
6. Reports and Information. As a part of the services provided by the City under
this Agreement, the City will prepare and report to the MPO supporting
documentation for any amounts payable by the MPO to the City.
7. Notice. Any notice required to be delivered in writing pursuant to this Agreement
shall be delivered as follows:
If to the MPO: If to the City:
NFRT & AQPC City of Fort Collins
Executive Director City Clerk
419 Canyon Ave, Suite 300 PO Box 580
Fort Collins, CO 80521 Fort Collins, CO 80522-0582
8. Financial Obligations. All financial obligations of both the City and the MPO
incurred pursuant to this Agreement are expressly contingent upon the
appropriation of funds therefor by the City Council of the City and the MPO
Council, respectively. Individual members of both the City Council and MPO
Council are not assessable and have no fiscal responsibility to meet the financial
obligations of this agreement.
9. Entire Understanding. This Agreement, including all Attachments, shall be
construed according to its fair meaning, and as if prepared by both parties hereto,
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and constitutes the entire understanding and agreement between the parties hereto
pertaining to the matters addressed in this Agreement.
Signed and dated this day of , 2016.
CITY OF FORT COLLINS, COLORADO
By: __________________________
Wade Troxell, Mayor
ATTEST: APPROVED AS TO SUBSTANCE:
By: By: _________________________
City Clerk City Manager
Wanda Winkelmann Darin Atteberry
AVAILABILITY OF FUNDS: APPROVED AS TO FORM:
By: By: ________________________
Director of Finance Assistant City Attorney
Jody A. Hurst
NORTH FRONT RANGE
TRANSPORTATION & AIR
QUALITY PLANNING COUNCIL
By:
Terri Blackmore
Executive Director
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EXHIBIT A
CITY OF FORT COLLINS RESPONSIBILITIES
1. As of the date of this agreement, the City will provide vehicle maintenance and
emergency mechanical support as described in this Exhibit A and Exhibit B, on - vehicles
belonging to the MPO.
2. Preventive Maintenance Servicing, Clean Air Inspections, and Safety Checks.
Preventive maintenance, clean air inspections, and safety checks have set schedules based
on the unique requirements of the vehicle’s individual class.
Since fueling generally takes place off site and current meter readings are difficult to
obtain, Fleet Services will install reminder stickers after every service. Safety checks
reasonably requested by MPO Staff for reasons other than the normal schedule will
generally be performed on demand.
The City will provide maintenance for the vans in accordance with the manufacturers’
suggested schedules of maintenance, and will document the maintenance process
including hours of operation and after hours emergency support information. Upon
completion of required maintenance, the technician will place a sticker in full view noting
the mileage of the next required maintenance. It is the responsibility of the van
coordinator to schedule any required maintenance.
The City shall notify the MPO of any vehicles not presented for service within the
established guidelines.
3. Non-Scheduled Maintenance or Repair Services.
After notification from the Van Pool representative of necessary services, Fleet Services
will determine the nature of repairs and schedule them into the shop on a priority basis.
Mechanics will communicate regularly with the Fleet Services Supervisor, who will in
turn keep MPO Staff reasonably informed of the status of repairs and the expected date of
the vehicle’s return to service.
4. Timeliness of Repairs and Service.
The turnaround time for preventive maintenance servicing, clean air inspections and
safety checks is generally one day or less. If during inspections deficient items are noted,
they will be completed as schedules permit. These additional repairs will be reported to
the MPO by Fleet Services and an estimated time of returning to service will be given.
If the repair involves the securing of parts not stocked by either Fleet Services or by local
private parts vendors, the downtime can be several days. In any case, Fleet Services will
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reasonably communicate any delays to the MPO Staff. MPO owned vehicles will be
available while maintenance is being performed.
5. Quality of Service.
Quality of service for the above services is measured by feedback received from the MPO
and comeback reports from our computerized fleet management system. The MPO will
send out annual surveys which will include a section on maintenance which will be
shared with Fleet Services.
6. Repair Approval.
All repairs, other than routine preventative maintenance and windshield repairs, must be
approved by the MPO prior to any work being performed on the vehicles.
7. Charges for Services and Billing.
Fleet Services administration will bill MPO monthly using the Fleet Services in-house
data management system. MPO billing will be based on a shop labor rate. The rate will
be adjusted annually if necessary based on variables and labor rate surveys conducted by
Fleet Services. Two labor rates will be utilized; the lower rate will be used for A service
levels and other less technical work. The higher rate will be used for mechanical repairs
and more complicated pm services.
Fort Collins will bill MPO for all repairs on a monthly basis, including any maintenance
or repair on any third-party vehicles delivered or requested by the MPO. These costs will
include parts, supplies, sublet, labor and equipment maintenance services overhead
applicable to maintenance and repair of vans. The maintenance service charges will be
renewed and negotiated in January of each year. If the parties are unable to reach an
agreement on the reasonable cost of labor, either party may choose to continue at the
current price or exercise its right to cancel the agreement under Paragraph 8 of the
Agreement.
8. Fueling and Car Washes.
Fleet Services will process all car wash and fuel transactions from fuel cards and from
City-owned fuel sites and bill transactions monthly. Transfort will bill MPO on a monthly
basis for washes performed at the Transfort bus wash facility. Rates are subject to
change.
9. Service Warranty.
All services provided by Fleet Services shall be performed at a level equal to prevailing
industry standards. Parts warranty is limited to the parts manufacturer’s warranty which
may or may not include labor.
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EXHIBIT
B
Effective September
2016 * **
Time
Labor
Rate
Labor
Parts
Total
*subject to change
annually
**parts costs may vary
PMA Service 7k miles 1hr
$70.00/hr
$70.00
$33.00
$103.00
Change oil, rotate tires,
check over vehicle.
PMB Service 28k miles 1hr
$70.00/hr
$70.00
$54.00
$124.00
Change oil, rotate tires,
check over vehicle,
replace cabin air filter.
PMC 119k miles Dodge
vans
Change oil, rotate tires,
2.3hr
$94.00/hr
$
216.20
$72.00
$288.20
check over vehicle,
replace cabin air filter.
service transmission.
PMC Service 56k/112k
miles
2.8hr
$94.00/hr
$263.20
$67.00
$330.20
Change oil, rotate tires,
check over vehicle,
replace cabin air filter.
service transmission.
2010 Toyotas and older
only
PME Service 98k miles
5.1
$94.00/hr
$
479.40
$179.10
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Mechanical Repairs
$94.00/hr
Fixed Monthly Charge for
2016
$523.00
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EXHIBIT C
The MPO’s Responsibilities
1. The MPO shall provide commercial liability insurance coverage for the vehicles, with limits of at
least $1,000,000 (One Million Dollars) per occurrence. The MPO shall indemnify, save and hold
harmless Fort Collins, its officers and employees in accordance with Colorado law, from all
damages whatsoever claimed by third parties against Fort Collins; and for Fort Collins’s costs
and reasonable attorney’s fees, arising directly or indirectly out of MPO’s negligent performance
of any of the services of its drivers or provision of a faulty vehicle furnished under this
Agreement.
2. The MPO shall provide Fort Collins with a maintenance history of any used vehicle that has not
had prior maintenance by the City of Fort Collins under this Agreement.
3. The MPO shall monitor maintenance intervals and status of vehicles, and schedule services with
Fleet Services at least two weeks in advance for routine services.
4. The MPO will be responsible for the cleanliness and general appearance of its assigned vehicles
and equipment. Contracts have been put in place with local establishments for the convenience
of the MPO. Personnel using these facilities must follow billing procedures in place to ensure
accurate charges.
5. The MPO will coordinate all state and local emission tests for vehicles.
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EXHIBIT D
SERVICES PROVIDED TO THE MPO
Department Service Components of Service
CAO support
needed? Comments
Benefit
Administration
*Process all benefits changes, including addresses,
family status, eligibility, and common law marriage
(paperwork only).
Benefits admin
services with CAO
HR support only.
*Maintain records, files and forms.
*Research benefits problems.
*Interpret plans to employees
*Act as liason between employees and insurance
companies.
*Meet with employees on insurance related issues.
*Process employee terminations.
*Process COBRA information to employees and
NHS.
*Assist with New Employee Signups
*Receive, research, and adjudicate claim appeals.
Surveys *Conduct customized benefit surveys of similar
organizations (unlie benefit surveys of other cities).
*With CAO HR
support only.
Bill Audits *Compare info on our reports to the vendor bills. *With CAO HR and
Payroll support only.
*Research and resolve any discrepancies.
COBRA/Retiree *Process payments and make a spreadsheet to
send to accounting along with checks.
No *Benefits fund
not liable for
claims paid
after
termination as
a failure to
notify City HR.
*Make a new spreadsheet for our records. No
*Perform audit to assure no discrepancies. No
Open
Enrollment
(OE)
*Schedule OE meetings, including cablecast and
video tappng.
*Will provide OE
services without
CAO Payroll support
but not without CAO
HR support.
*Order all printed materials and forms for open
enrollment, including directories, brochures, etc from
insurance companies.
*Coordinate and schedule department designate
meeting including recruiting designates.
*Coordinate assembly of department OE boxes,
including delivery.
*Process OE forms upon arrival.
*Return employee forms with new Summary Plan
Descriptions, IDs, catalogs, etc to employees.
$658.50
For All Year Dodge Vans
Tune up
PCV valve
Cooling system flush
PME Service 119k miles 3.5hr
$94.00/hr
$329.00
$199.10
$528.10
All Toyotas
Tune up-includes
spark plugs, PCV valve