HomeMy WebLinkAbout2025-075-08/19/2025-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITTYRESOLUTION 2025-075
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITTY
OF FORT COLLINS,COLORADO AND LARIMER COUNTY FOR
THE MAINTENANCE OF JOINTLY OWNED ROADWAYS
A.The City of Fort Collins (“City”)and Larimer County (“County”)each
maintain a network of roads,many of which are shared along their common boundaries
This maintenance includes roadside mowing,snow removal,pavement marking,sign
maintenance and roadway surface maintenance.
B.To minimize cost,increase efficiency,and provide a streamlined process
for road maintenance activities,the City has entered into intergovernmental agreements
with the County to provide for coordinated maintenance of these shared roadways and
sharing of the associated costs.
C.The attached intergovernmental agreement (“IGA”)between the City and
County provides for coordinated maintenance activities to be completed by the County
on shared roadway areas of Richards Lake Road and Horsetooth Road (Larimer County
Road 40)between July 8,2025,and July 7,2026.
D.Colorado Revised Statutes Section 29-1-203(1)permits governments to
“cooperate or contract with one another to provide any function,service,or facility lawfully
authorized to each of the cooperating or contracting units,including the sharing of costs,
the imposition of taxes,or the incurring of debt,only if such cooperation or contracts are
authorized by each party thereto with the approval of its legislative body or other authority
having the power to so approve...”.
E.City Charter Article II,Section 16 empowers the City Council,“by ordinance
or resolution,to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services,or enter into cooperative or joint activities
with other governmental bodies.”
F.City Code Section 1-22(b)(2)(b)requires the City Council to approve all
IGAs that require the City to make a direct,monetary payment over $50,000.The attached
IGA requires the City to reimburse the County up to $130,000 and $50,000 for road
maintenance performed on Richards Lake Road and Horsetooth Road respectively.
G.City Council has determined that the IGA is in the best interests of the City
and that the City Manager should be authorized to execute the IGA between the City and
County in support thereof.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.City Council hereby authorizes the City Manager to execute,on
behalf of the City,an IGA in substantially the form attached hereto as Exhibit A,together
with such modifications and additions as the City Manager,in consultation with the City
Attorney,determines to be necessary and appropriate to protect the interests of the City
or effectuate the purposes of this Resolution as set forth above.
Section 2.During the term of the IGA the City Manager,in consultation with the
City Attorney,also is authorized to approve and execute amendments to the IGA
consistent with this Resolution so long as the City Manager determines such
amendments:(a)are reasonably necessary and appropriate to protect the City’s interests
or provide a benefit to the City;(b)effectuate the purposes of this Resolution;and (c)limit
the City’s financial obligation to expenditure of funds already appropriated and approved
by Council or conditioned upon such appropriation.
Passed and adopted on August 19,2025.
~
ATTEST:err
Sr.Deputy City Clerk
Effective Date:August 19,2025
Approving Attorney:Madelene Shehan
Exhibit:Exhibit A —IGA For Shared Roadways Maintenance Cost
EXHIBIT A TO RESOLUTION 2025-075
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF FORT COLLINS,COLORADO
AND EARThIER COUNTY,COLORADO
REGARDING SHARED ROAD MAINTENANCE COSTS
THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”)is made and entered into
thisjS day ofJ.~A.&.~2025,(the “Effective Date”)by and between the CITY OF FORT COLLINS,
COLORADO,a Colorado Municipal Corporation (the “City”)and the COUNTY OF LARIMER (the
“County”)(the City and the County may be collectively referred to herein as the “Parties”or,individually,
as a “Party”).
RECITALS
WHEREAS,the City and the County each maintain a network of roads;
WHEREAS,because the Parties share common boundaries,many of these roads are shared;
WHEREAS,in maintaining their respective roadways,the Parties strive to use the most
efficient and cost-effective methods;
WhEREAS,in order to minimize cost,increase efficiency,and provide a streamlined process for
road maintenance activities,the Parties wish to coordinate maintenance of shared roadways from time to
time and share associated costs in accordance with this Agreement;
WHEREAS,the Parties,as Colorado governmental entities,are authorized by the provisions of
Article XIV,Section 1 8(2)(a),Colorado Constitution,and Sections 29-1-201,et.seq..C.R.S,to enter into
contracts with each other for the performance of functions that they are authorized by law to perform on
their own;and
WHEREAS,the Parties and their respective constituents will benefit jointly from coordination of
maintenance of shared roadways.
NOW,THEREFORE,in consideration of the mutual promises herein,the Parties agree as
follows:
AGREEMENT
I.Recitals.The foregoing recitals are hereby incorporated as though fully set forth herein.
2.Term &Termination.The term of this Agreement shall he one (I)year,beginning from the
Effective Date noted above,unless sooner terminated by either Party pursuant to this
Agreement.Either Party may terminate this Agreement for convenience upon thirty (30)days’
advance written notice or may terminate this Agreement immediately upon written notice for
cause.
EXHIBIT A TO RESOLUTION 2025-075
3.Maintenance Activities.
a Richards Lake Road Project.In 2025,the County shall perform maintenance on
both County and City maintenance responsibility areas on Richards Lake Road
(also known as Larimer County Road 52)from approximately 50 linear feet East of
Thoreau Drive,to the West side of the Richards Lake Road and the Giddings Road
intersection.The maintenance shall include asphalt milling,asphalt patching,an
asphalt overlay,roadway restriping and shoulder leveling of the roadway.
b.Larimer County Road 40 (Rorsetooth Road~Project.In accordance with Larirner
County,C’olorado Division of Public Works,Road L’onstruction Plans for Proposed
County Road 40 Improvements.Lari,’ner county Project NO.349,incorporated
herein by this reference,the County shall perform work on City maintenance
responsibility areas on Lanmer County Road 40 (Horsetooth Road)between the
Ziegler Road and Horsetooth Road intersection to the Horsetooth and South County
Road 7 intersection.Specific work in the City maintenance areas shall include
roadway grading,installation of roadway underdrains,ditch grading and drainage
improvements,subgrade stabilization,and roadway shouldering.
4.Payment The City shall pay the County up to $130,000.00 towards the Richards Lake Road
Project and up to $50,000.00 toward the Larimer County Road 40 (Horsetooth Road)Project.
The County shall submit all invoices when the respective project is complete to the City at
invoices wfc ov.coin.Upon receipt of an invoice from the County for the Maintenance
performed in connection with this Agreement,the City will promptly review the invoice and
direct questions to the County within seven (7)calendar days of receipt or,if no questions or
concerns exist,shall make payment in fbI)to the County within thirty (30)days of receipt To
the extent the Parties disagree about any charge oil an invoice,the Parties agree to cooperate in
good faith to remedy the disagreement
5.Subiect to Anoronnatian:No Multinle Year Obliaption.This Agreement shall be subject to
annual appropriations pursuant to Article X,Section 20 of the Colorado Constitution.All
financial obligations of each Party arising under this Agreement are contingent upon hinds for
that purpose being annually appropriated,budgeted,or otherwise made available by the
governing body of the Party,and do not establish debts or other niulti-fiscal year obligations
thereof If the governing body of either Party shall fail to budget and appropriate hinds for its
share of expenses as dcscribcd in this Agreement,then this Agreement shall terminate as of the
end of the fiscal year for which such funds were last budgeted and appropriated.
6.Assienment.Neither Party may assign any rights or delegate any duties under this Agreement
without the writteii consent of the other Party.Any attempt to assign this Agreement in the
absence of such written consent shall be null and void ab initio.
7.Time is of the Essence The Parties acknowledge that time is of the essence in the performance
of this Agreement.
8.Emolovee Status.All employees of each governmental entity who perform any services in
relation to this Agreement shall remain the employees solely of the governmental entity
employing them to perform such services and not of any other party hereto.No party shall
obtain,by virtue of paying or being reimbursed for any personnel costs,any direct control over
the management,scheduling or facilities operated by another party
EXHIBIT A TO RESOLUTION 2025-075
9.No Partnership or Aeency.The Parties enter into this Agreement as separate independent
entities and each shall maintain that slams throughout the term of this Agreement.
Notwithstanding any language in this Agreement or any representation or warranty to the
contrary,the Parties shall not be deemed or constitute partners,joint venture participants,or
agents of the other.Any actions taken by the Parties pursuant to this Agreement shall be
deemed actions as an independent contractor of the othcrs.
ID.Insurance Regardless of which party requests,offers,grants or receives assistance under this
Agreement,each party shall carry insurance to cover the actions of their own respective
officers,employees,agents,or contractors for work performed in connection with this
Agreement The County shall be responsible for any and all claims,damages,liability and
court awards,including costs and expenses incurred as a result of any action or omission of the
County or its officers,employees,and agents,in connection with the performance of this
Agreement The City shall be responsible for any and all claims,damages,liability and court
awards,including costs and expenses incurred as a result of any action or omission of the City
or its officers,employees,and agents,in connection with the performance of tIns Agreement.
II.No Indemnification.Neither Party is authorized to indemnif9 any party,public or private,
as against the claims and demands of third parties and any such indemnification provision
in this Agreement shalL be null and void.Any changes to the current indemnification
provistons in the Software Contract must be agreed to in writing by the City.
12.Notice.Any notice required or permitted under this Agreement and all other correspondence
between the Parties must be in writing and shall be deemed received when hand delivered or
three (3)days after being sent by certified mail.Notices shall be addressed to the following:
If to FORT COLLINS.William Welbom,Civil Engineer Ill
City of Fort Collins Streets Department
625 Ninth Street
Fort Collins,CO 80524
970-221-6615
If to LARIMER:Todd Juergens,Larimer County Road &Bridge Director
Road and Bridge Department
6994 Rickenbacker Road
Loveland,CO 80538
970-498-5653
13.Governmental Immunity Act.No term or condition of this Agreement shall be construed or
interpreted as a waiver,by any party,express or implied,of any of the immunities,rights,
benefits,protections,or other provisions of the Colorado Governmental Immunity Act,§24-
10-101,er seq.C,R.S.,and under any other law,or as the assumption of any of the Parties of a
debt,contract or liability of each other in violation of Article XI.Section I of the Constitution
of Colorado.
14.No Personal Liability.No elected official,director,officer,agent or employee of the Parties
shall be charged personally or held contractually liable under any term or provision of this
EXHIBIT A TO RESOLUTION 2025-075
Agreement,or because of any breach thereof or because of its or their execution,approval or
attempted execution of this Agreement
IS.Entire Agreement.This Agreement contains the entire agreement of the Parties relating to the
subject matter hereof and sets forth the rights,duties,and obligations of each to the other as of
the effective date.Any prior agreements,promises,negotiations,or representations not
expressly set forth in this Agreement with regard to the Software are of no force and effect.
16.No Third Party Beneficiary.The Parties understand and expressly agree that enforcement of
the terms and conditions of this Agreement,and alt rights of action relating to such
enforcement,shalL be strictly reserved to the Parties.Nothing contained in this Agreement shall
give or allow any such claim or right of action by any third person.it is the express intention of
the Panics that any person other than the signatories hereto receiving benefits under this
Agreement shall be deemed to be an incidental beneficiary only.
17.Severabilttv.In the event a court of competent jurisdiction holds any provision of this
Agreement invalid or unenforceable,such holding shall not invalidate or render unenforceable
any other provision of this Agreement.Any invalid or uncnforccablc portion or provision shall
be deemed severed from this Agreement and,in such event,the Parties shall negotiate in good
faith to replace such invalidated provision in order to carry out the intent of the Panics in
entering into this Agreement
IS.Contract Modification.This Agreement may not be amended,altered,or otherwise changed
except by a wntlen agreement between the Parties.
19.No Waiver.No waiver of any of the provisions of this Agreement shall be deemed to
constitute a waiver of any other of the provisions of this Agreement,nor shall such waiver
constitute a continuing waiver unless otherwise expressly provided herein,nor shall the
waiver of any default hereunder be deemed a waiver of any subsequent default hereunder.
20.Signature Authority.By executing this Agreement,both Parties certilS’to the other that (hose
signing this Agreement have abe authorized signature authonty to bind their respective
organizations to the terms and conditions of this Agreement.
21.Bindine Contract This Agreement shall inure to and be binding on the successors and
permitted assigns of the Parties.
22.[leadings.Paragraph headings used in this Agreement are for convenience of reference and
shall in no way control or affect the meaning or interpretation of any provision of this
Agreement.
23.Govemirttt Law and Venue.This Agreement shall be governed by the laws of the State of
Colorado and rules and regvlations issued pursuant thereto,and venue shall be in the County of
Larinier,State of Colorado.
24.Leeal Constraints.In no event shall either of the Parties exercise any power or take any action
which shall be prohibited by applicable law.
25.Counternart Execution.This Agreement may be executed in multiple counterparts;all
counterparts so executed shall constitute one agreement binding upon all parties,
notwithstanding that all parties are not signatories to the original or the same counterpart.
EXHIBIT A TO RESOLUTION 2025-075
Documents executed,scanned and transmitted electronically and electronic signatures shall be
deemed original signatures for purposes of this Agreement and all matters related thereto,with
such scanned and electronic signatures having the same legal effect as original signatures.
IN WITNESS WHEREOF,the Parties have executed this Agreement on the date first above
written.By the signature of us representative below,each Party affirms that it has taken all necessary
action to authorize said representative to execuic this Agreement.
THE CITY OF FORT COLLINS,COLORADO,a municipal corporation
By:____________________
Kelly DiMartino,City Manager
Date:
ATTEST:
City Clerk
Date:
APPROVED AS TO FORM:
Date:
APPROVED AS T OR
County Attorney “
h--i
City Attorney
Date:
COUNTY OF LARIMER,COLORADO
By:
C’oninisssso,,e,;County of arirner
Date:
ATTEST:
‘a?
ii A fl.,j
County~kr/c -
Date: