HomeMy WebLinkAbout2016CV31096 - CITY OF FORT COLLINS, A COLORADO MUNICIPAL CORPORATION; AND POUDRE FIRE AUTHORITY, A COLORADO PUBLIC ENTITY V. KEITH GILMARTIN - 002A - EXHIBIT A TO COMPLAINTESTABLISHING THE POUDRE FIRE AUTHORITY
THIS AGREEMENT, entered into this /S day of � /-U , 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 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, those previous agreements, as amended, 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 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 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 parry. 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.
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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
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.
1.4. 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 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.
1.5. 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. 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 any other notice requirement. A
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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 may go into executive session 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.
1.6. 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 draft of the minutes to each member of the
Board for consideration at the next meeting.
1.7. 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 takenby 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.
1.8. 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. Chair, Vice Chair and Secretary. The Board shall elect a Chair and Vice Chair
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 Chair shall sign all contracts on behalf of the Authority, except
contracts or agreements that may be signed by the Fire Chief of the
Authority, as herein provided, and shall perform such other duties as may
be imposed by the Board.
B. The Vice Chair shall perform all of the Chair's duties in the absence of the
Chair.
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 a Fire Chief to manage the Authority.
Subject to the supervision of the Board and the powers specifically reserved to the Board as
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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 Fire Chief shall 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 Seventy -Five Thousand
Dollars ($75,000), 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 employ 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.
F. To dispose of by sale any personal property of the Authority with a value
of less than Fifty Thousand Dollars ($50,000). 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.
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G. To approve payroll payments and other demands for payments by the
Authority, provided that such payments are within budget and that no
individual payment exceeds Seventy -Five Thousand Dollars ($75,000).
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.
1. 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.
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
related to strategic outcome goals, operational efficiency, productivity
improvements, and issues of concern to the 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.
O. 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.
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 lawfully authorized to 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, enter into, and perform contracts 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.
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 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,
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contracts, easements, revenues and privileges of the Authority; 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.
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.
O. To carry out all provisions of this Agreement.
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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
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 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 rules, regulations and procedures 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.
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.
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E. 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.
F. 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 be restored to 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 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.
B. 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
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at meetings of the Board held after proper notice has been given,
according to the bylaws of the Authority.
52. Records and Accounts. Through the City's Finance Department, the Authority
shall provide for the keeping of accurate books of account, showing in detail the capital costs, cost of
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, 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. The City shall pay the Authority monthly and the District shall
pay the Authority quarterly, in advance, its allocated share of the total 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 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. 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 annual
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 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 available revenues. If both parties fail to appropriate funds under this
Agreement, then this Agreement shall terminate effective as agreed to by the parties, taking into
consideration available revenues.
ARTICLE VI
SERVICES
6.1. 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
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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
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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
City or the District or acquired by the Authority since January 1, 1982 for the purpose of
providing 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
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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 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.
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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:
CITY": City Manager
City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522
DISTRICT: Chair 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 by the parties
hereto.
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
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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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed
on the date hereinabove written.
ATTEST
City Clerk
City Attor#y, &.S-f ,
Counsel for District
CITY OF FORT COLLINS, COLORADO
a municipalcorporation
Major
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POUDRE VALLEY FIRE PROTECTION DISTRICT
?�Z
President of the Board
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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 has been legally pledged for use only on specific projects and debt obligations,
or has otherwise been restricted or committed for a particular use as a matter of law or
contract); and
2. 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
x 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.
2. PLUS a portion of Property Tax revenue
City 9.797 Mill Property Tax Revenue (per Financial Services April projections)
x 0.675 MULTIPLY: RAF property tax percentage
Property tax RAF Amount
Exhibit A, Page 1
Exhibit A
To Intergovernmental Agreement
3. 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)
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.OM
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
cooperatively to ensure that service levels will be maintained through adequate funding
adjustments after the annexation has occurred.
URA / TIF / Adiustments 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.
Exhibit A, Page 2
Exhibit A
To Intergovernmental Agreement
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 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 PEA 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
S. 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.
Exhibit A, Page 3
EXHIBIT B
To Intergovernmental Agreement
Support Services Provided to the Authority by the City of Fort Collins
Department
Service
Description
Office of Emergency
Coordinated OEM services
• Work in close coordination with the
Management
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 Ci '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
positions
Pre -employment
• Drug Testing
Exhibit B, Page 1
EXHIBIT B
To Intergovernmental Agreement
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 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
• Driver's license checks
Exhibit B, Page 2
EXHIBIT B
To Intergovernmental Agreement
Financial Services
(conQ
Purchasing
• Purchasing advice
. Issuing purchase orders
• RFPBid 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
s 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,
fumaces (charged)
• Project management for larger projects
(charged)
• Real estate services (charged)
Police Services
Dispatch
• Dispatch consoles (charged)
Information
Network Administration
a Work in close coordination with Authority
Technology
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
a Land -line phone system network and
maintenance
• Partners in Verizon wireless purchases
Server/Storage
Administration
• Active Directory
• Authority equipment in server room
• Occasional servermpriort
Exhibit B, Page 3
C�A�:I—ii(�1i:3
To Intergovernmental Agreement
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 today 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
Exhibit B, Page 4