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HomeMy WebLinkAbout2013-035-04/16/2013-AUTHORIZING THE MAYOR TO ENTER INTO A THIRD ADDENDUM TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE RESOLUTION 2013-035 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO A THIRD ADDENDUM TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND POUDRE,VALLEY FIRE PROTECTION DISTRICT TO AMEND THE FIRE CHIEF'S SPENDING LIMIT FROM $20,000 TO $75,000 PER EXPENDITURE AND RATIFYING THE FIRST AND SECOND ADDENDA TO SUCH AGREEMENT WHEREAS, on November 3, 1987,the City and the Poudre Valley Fire Protection District ("PVFPD"), entered into an intergovernmental agreement (the "Agreement") providing for the continuation of an independent governmental entity known as the Poudre Fire Authority ("PFA") for the purpose of providing fire protection services; and WHEREAS, on May 17, 1988, the City Council approved Resolution 1988-070, which authorized the Mayor to enter into an addendum to the Agreement for the purpose of providing services outside the Authority's boundaries in exchange for payment or reciprocal services(the"First Addendum"); and WHEREAS, a copy of the proposed First Addendum is attached hereto and incorporated herein as Exhibit"A'; and WHEREAS, it does not appear that the First Addendum was ever executed by the parties; and WHEREAS, on September 27, 2004, the City and PVFPD entered into another addendum to the Agreement(the"Second Addendum"),which allowed for the fifth member of the PFA Board of Directors to be appointed annually at the first regular meeting of the Board in August of each year; and WHEREAS, a copy of the second Addendum is attached hereto and incorporated herein as Exhibit `B"; and WHEREAS, the Second Addendum was presented to, and executed by, the City Manager, rather than the City Council; and WHEREAS, Article II, Section 2.2 B and G of the Agreement currently sets forth the power of the Administrative Chief to execute any contract for capital costs, costs of special services, equipment, materials, supplies, maintenance or repair that involves expenditures by the Authority of less than Twenty Thousand Dollars ($20,000), and to approve payroll payments and other demands for payments by the Authority, provided an individual payment does not exceed Twenty Thousand Dollars ($20,000); and WHEREAS, these amounts have not been adjusted since 1987; and WHEREAS, at its September 25, 2012 meeting, the Board of the PFA directed PFA staff to work with the City and the District to propose a Third Addendum to the Agreement to increase the dollar amounts in Section 2.2 to$75,000; and WHEREAS, the proposed Third Addendum, a copy of which is attached hereto and incorporated herein as Exhibit"C",would increase the dollar amounts as described above and would also incorporate the terms of the First Addendum and Second Addendum; and WHEREAS,staff is recommending that the City Council authorize the execution of the Third Addendum,thereby also ratifying the First Addendum and Second Addendum,as well as all actions heretofore taken by the parties under the First and Second Addenda. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Mayor is hereby authorized to enter into a Third Addendum to the Agreement between the City of Fort Collins and the PV FPD in substantially the form attached hereto as Exhibit"C"and incorporated herein by this reference,with such modifications or additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City and effectuate the purposes of this Resolution. Section 2. That the City Council hereby ratifies and affirms the authorization and execution of the First and Second Addenda attached hereto as Exhibits"A"and`B",and all actions taken by the officers, employees, and agents of the City under such addenda. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of April A.D. 2013. 9'Stt�c/ GC�'P.-GL�2u�t.t� Mayor ATTEST: G\�I OFF City Clerk n c' O� O�'A D 0 Exhibit A RESOLUTION 88- 70 OF THE COUNCIL OF THE CITY•OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO AN ADDENDUM TO THE INTERGOVERNMENTAL AGREEMENT CONTINUING THE EXISTENCE OF THE POUDRE FIRE AUTHORITY WHEREAS, the City of Fort Collins and the Poudre Valley Fire Protection District entered into an Intergovernmental Agreement on November 3, 1987, providing for the continued existence of an independent governmental entity known as the Poudre Fire Authority for the purpose of providing fire and rescue services within the respective territorial limits of the parties thereto; and WHEREAS, the parties to that Agreement desire to amend certain provisions of the Intergovernmental Agreement for the mutual benefit of the parties thereto. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor be, and he hereby is, authorized to enter into an Addendum to the Ini,ergovernmental Agreement with the Poudre Valley Fire Protection District for the purpose of amending certain provisions of that Intergovernmental Agreement. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 17th day of May, A.D. 8. Mayor ATTEST: City Clerk ��� POUDRE VALLEY FIRE PROTECTION DISTRICT President�e Board AT T: Secretary APPRO)' Counsel for District EXHIBIT CIA" PROPOSED AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE POUDRE VALLEY FIRE PROTECTION DISTRICT Section 4.1 of the Intergovernmental Agreement between the City of Fort Collins, Colorado and the Poudre Palley Fire Protection District, dated November 3, 1987, is hereby amended to read as follows: 4.1 Delegation of Powers, Duties, and Responsibilities 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 facilities , equipment, resources and property of the Authority, including without limitaticn, all fire stations , land, buildings and firefighting equipment, and to ecplcy the necessary personnel and do any and all things necessary or desirable to provide continued, efficient and economical fire protection 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. FURTHER, THE AUTHORITY 15 HEREBY EMPOWERED TO PROVIDE FIRE PROTECTION SERVICES TO PERSONS AND PROPERTY OUTSiOE THE JURISDICTION OF THE AUTHORITY BY AGREEMENT IN EXCHkNGE FOR PAYMENT OR RECIPROCAL SERVICES: PROVIDED, HOWEVER, THAT SUCH ADDITIONAL SERVICES CAN BE PERFORMED WITH THE USE OF EXISTING FACILITIES, EQUIPMENT, RESOURCES AND PERSONNEL. widen board rf lrecto Date !l ,fittest: Secretary Exhibit B ADDENDUM TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND POUDRE VALLEY FIRE PROTECTION DISTRICT THIS ADDENDUM, made and entered into this 27th day of September, 2004,by and between POUDRE VALLEY FIRE PROTECTION DISTRICT (hereinafter called the "District") and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation duly organized and existing under the law of the State of Colorado (hereinafter called the "City"). WITNESSETH: WHEREAS, the parties hereto on November 3, 1987, entered into an Intergovernmental Agreement(hereinafter called "the Agreement")providing for the continuation of an independent governmental entity known as the POUDRE FIRE AUTHORITY for the purpose of providing fire protection services; and WHEREAS, Article I of the Agreement sets forth the procedure for a governing Board consisting of five members; and WHEREAS, Section 1.3 of Article I of the Agreement provides, in part, that the fifth member of the governing Board(hereinafter, the 'Board") is to be"appointed by the other four members as appointed by the City and the District" . . . and that all appointees and terms of appointment shall be at the discretion of the appointing entity; and WHEREAS, the Board Bylaws, Section 2 of Article IV requires that a Chairman and Vice-Chairman shall be elected annually by a majority vote of the Board at the first regular meeting in August of each year; and WHEREAS, at the August 24, 2004 Board meeting, the Board discussed amending the Agreement to allow for the fifth Board member to be appointed annually at the first regular meeting of the Board in August of each year; and WHEREAS, the parties have therefore agreed to hereafter amend portions of Article I of the Agreement to provide for this. NOW,THEREFORE, for and in consideration of the promises by the parties made herein and the benefits to be derived there from, the Intergovernmental Agreement is hereby further modified as follows: I. The following is hereby added to section 1.3 of Article I of the Agreement, to read as follows: Governing Board. The Authority shall be administered by a governing Board of five (5) members. The City shall appoint two (two 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. 2. The parties hereto approve, ratify and affirm the terms of the Agreement, amended by this Addendum. IN WITNESS WHEREOF, the parties here to have executed this Addendum the day and year first above written. POUDRE VALLEY FIRE PROTECTION DISTRICT Board Vice Chairtr�an A T: Secretary THE CITY OF FORT COLLINS A Municipal Corporation By rty Manager ATTEST: ZA 4 4( f7 is City Clerk tfe w1 APP RM: i As ist nt ty Attorney THIRD ADDENDUM TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND POUDRE VALLEY,FIRE PROTECTION DISTRICT THIS THIRD ADDENDUM is made and entered into this day of , 2013, by and between POUDRE VALLEY FIRE PROTECTION DISTRICT (hereinafter called the "District") and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation duly organized and existing under the State of Colorado hereinafter called the"City"). WITNESSETH: WHEREAS, the City and the Poudre Valley Fire Protection District ("PVFPD"), on November 3, 1987, entered into an Intergovernmental Agreement ("the Agreement") providing for the continuation of an independent governmental entity known as the Poudre Fire Authority ("PFA") for the purpose of providing fire protection services; and WHEREAS, on May 17, 1988, the Fort Collins City Council approved Resolution 88-70, which authorized the Mayor to enter into an addendum to the Agreement for the purpose of providing services outside the Authority's boundaries by agreement in exchange for payment or reciprocal services; and WHEREAS, such addendum (the "First Addendum") does not appear to have been executed by the parties; and WHEREAS, on September 27, 2004, the City and PVFPD entered into another addendum to the Agreement (the "Second Addendum"), which amended the Agreement to allow for the fifth Board member to be appointed annually at the first regular meeting of the Board in August of each year; and WHEREAS, the Second Addendum was presented to and executed by the City Manager, rather than the City Council; and WHEREAS, Article II, Section 2.2 B and G of the Agreement currently sets forth the power of the Administrative Chief to execute any contract for capital costs, costs of special services, equipment, materials, supplies, maintenance or repair that involves expenditures by the Authority of less than Twenty Thousand Dollars ($20,000), and to approve payroll payments and other demands for payments by the Authority, provided an individual payment does not exceed Twenty Thousand Dollars ($20,000); and WHEREAS, at its September 25, 2012 meeting, the Board of the PFA directed PFA Staff to work with the City and the District to present to their respective governing bodies a third amendment to the Agreement to allow for the dollar amount in said sections to be increased to Seventy-Five Thousand Dollars ($75,000); and WHEREAS, on April 16, 2013, the Fort Collins City Council adopted Resolution 2013- authorizing the execution of this Addendum to the Agreement and ratifying the authorization and execution of the First and Second Addenda and all actions taken by the officers, employees, and agents of the City under such addenda; and WHEREAS, the parties wish to include the provisions of the First and Second Addenda in this Third Addendum. NOW, THEREFORE, for and in consideration of the promises by the parties made herein and the benefits to be derived therefrom, the Intergovernmental Agreement is hereby further modified as follows: 1. Article II, Section 2.2 B and G is hereby amended to read as follows: B. To execute any contract for capital costs, costs of special services, equipment, materials, supplies, maintenance or repair that involves expenditures by the Authority of less than Seventy-Five Thousand Dollars ($75,000). G. To approve payroll payments and other demands for payments by the Authority, provided an individual payment does not exceed Seventy-Five Thousand Dollars ($75,000). 2. Article IV, Section 4.1 is hereby amended to read as follows: 4.1 Delegation of Powers, Duties, and Responsibilities 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 facilities, equipment, resources and-property of the Authority, including without limitation, all fire stations, land, buildings and firefighting equipment, and to employ the necessary personnel and do any and all things necessary or desirable to provide continued, efficient and economical fire protection 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. Further, the Authority is hereby empowered to provide fire protection services to persons and property outside the jurisdiction of the Authority by Agreement in exchange for payment or reciprocal services: provided; however, that such additional services can be performed with the use of existing facilities, equipment, resources and personnel. 3. Article I, Section 1.3 is hereby amended to read as follows: 1.3 Governing Board. The Authority shall be administered by a governing Board of five (5) members. 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. IN WITNESS WHEREOF, the parties hereto have executed this Third Addendum, to be effective as of the day and year first above written. POUDRE VALLEY FIRE PROTECTION DISTRICT BY: Board Chairman ATTEST: Secretary THE CITY OF FORT COLLINS A Municipal Corporation By. Mayor ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney