HomeMy WebLinkAbout2021-082-09/07/2021-APPROVING THE EXECUTION OF THE FOURTH AMENDED INTERGOVERNMENTAL AGREEMENT OF THE ESTABLISHMENT OF TH RESOLUTION 2021-082
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE EXECUTION OF THE FOURTH AMENDED
INTERGOVERNMENTAL AGREEMENT OF THE ESTABLISHMENT OF THE
LARIMER EMERGENCY TELEPHONE AUTHORITY
WHEREAS, the City of Fort Collins is authorized under Colorado Revised Statutes
("C.R.S.") Section 29-1-203 to cooperate or contract with others to provide any function, service,
or facility lawfully authorized to each of the cooperating or contracting units, including the
provision of emergency telephone service; and
WHEREAS,on or about November 14, 1990,pursuant to its authority under C.R.S.Section
29-11-101,et. seq., the City joined multiple political subdivisions in Larimer County,Colorado to
form the "Larimer Emergency Telephone Authority" (LETA) as a separate legal entity provide
emergency telephone service and to establish, collect, and disperse the emergency telephone
charge in Larimer County, and executed an "Intergovernmental Agreement concerning the
implementation of an E-911 Emergency Telephone Service"(the"E-911 IGA"); and
WHEREAS, following its adoption, parties to the E-911 IGA approved amendments in
1999, 2002, and a Third Amended Intergovernmental Agreement for the Establishment of the
Larimer Emergency Telephone Authority (the "Third Amended IGA") in 2009, as approved by
City Council Resolution 2009-006; and
WHEREAS, pursuant to Article XVII thereof, the Third Amended IGA may be amended
upon an affirmative vote of three-quarters(14)of the signatories and execution of any amendment
by all signatories; and
WHEREAS, the LETA Board of Directors recently held a qualifying vote, approved by
three-quarters of the signatories to the Third Amended IGA,to further amend the Third Amended
IGA through by approving a (2021) Fourth Amended Intergovernmental Agreement for the
Establishment of the Larimer Emergency Telephone Authority (the "Fourth Amended IGA") to
supersede the Third Amended IGA and reflect changes in federal and state law, advancements in
911 call technology and infrastructure, and the intent and purposes as to LETA's operations, and
to:
1. provide representation for the Town of Timnath, along with Windsor, Johnstown
and CSU on the LETA Board through the members designated as representatives
of the small-town signatories;
2. provide representation for the Loveland Fire Rescue, Crystal Lakes, Estes Valley,
Front Range Fire Rescue, and Livermore fire districts and fire authorities through
the members designated as representatives of the fire district and fire authority
signatories;
3. establish criteria for a qualifying vote to dissolve LETA, requiring at least three-
quarters(3,14)of the then-parties to agree in writing and identify one or more entities
who will succeed LETA and undertake continued operation of regional E-911
Emergency Telephone Services;
and
WHEREAS, the Interim City Manager recommends the City Council approve the Fourth
Amended IGA to continue participating in regional E-911 Emergency Telephone Services through
LETA; and
WHEREAS, the City Council finds it is in the best interests of the City and the health,
safety and welfare of its citizens to approve the Fourth Amended IGA and continue participating
in LETA.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and findings
contained in the recitals set forth above.
Section 2. That the City Council hereby approves the Fourth Amended
Intergovernmental Agreement for the Establishment of the Larimer Emergency Telephone
Authority (the"Fourth Amended IGA") and agrees to become a signatory thereto.
Section 3. That the City Council authorizes the Mayor to execute on behalf of the City
the Fourth Amended IGA, a copy of which is attached hereto as Exhibit "A" and incorporated
herein by this reference,with such additional or modified terms and conditions as the City Manager
may, in consultation with the City Attorney, determine necessary and appropriate to protect the
interests of the City or effectuate the purposes of this Resolution.
Section 4. That the City Council hereby reaffirms the City Manager's authority to
appoint a City employee as the City's representative as provided in the Fourth Amended [GA.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of September A.D. 2 02 1.
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EXHIBIT A
FOURTH AMENDED INTERGOVERNMENTAL AGREEMENT
FOR THE ESTABLISHMENT OF
LARIMER EMERGENCY TELEPHONE AUTHORITY
This Fourth Amended Intergovernmental Agreement ("Agreement") is entered into
effective November 1, 2021, by and between the following political subdivisions and public
entities of the State of Colorado, which are referred to herein collectively as "Parties" and are
referred to herein individually by name or as"Party."
County(t)/Cities(2)/Towns(6) Fire Authorities 2
County of Larimer Loveland Fire Rescue Authority
City of Fort Collins Poudre Fire Authority
City of Loveland
Town of Berthoud Fire Protection Districts(I5)
Town of Estes Park Allenspark Fire Protection District
Town of Johnstown Berthoud Fire Protection District
Town of Timnath Crystal Lakes Fire Protection District
Town of Wellington Estes Valley Fire Protection District
Town of Windsor Front Range Fire Rescue Fire Protection District
(f/k/a Johnstown Fire Protection District)
Hos ital/Health Services Districts 3 Glacier View Fire Protection District
Health District of Northern Larimer Livermore Fire Protection District
County Loveland Rural Fire Protection District
Park Hospital District Lyons Fire Protection District
Thompson Valley Health Services Pinewood Springs Fire Protection District
District Poudre Canyon Fire Protection District
Poudre Valley Fire Protection District
State 1 Red Feather Lakes Fire Protection District
Colorado State University Wellington Fire Protection District
Windsor-Severance Fire Protection District
WHEREAS, on or about November 14, 1990, multiple political subdivisions entered
into an "Intergovernmental Agreement concerning the implementation of an E-911 Emergency
Telephone Service" ("the IGA") to form a separate legal entity to serve as a governing body to
provide emergency telephone service and to establish, collect, and disperse the emergency
telephone charge in Larimer County, and they named the new entity Larimer Emergency
Telephone Authority;
WHEREAS, the IGA was thereafter amended three times effective July 7, 1999, April
5, 2002, and July 21, 2009, the July 21, 2009 amendment being known as the "Third Amended
IGA";
WHEREAS, subject to an affirmative vote of three-quarters (1-4) of the 25 signatories
to the Third Amended IGA, the Parties desire to update the IGA,as amended,to reflect changes
in federal and state law, the signatories to the IGA, advancements in 911 call technology and
infrastructure, and the intent and purposes as to Larimer Emergency Telephone Authority's
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EXHIBIT A
operations;
WHEREAS, the Parties are authorized by Colorado statute (Title 29, Article 11, Part 1)
to enter into a contract to establish a separate legal entity that serves as a governing body for the
purpose of providing emergency telephone service and to establish and collect an emergency
telephone charge in Larimer County;
WHEREAS, the Colorado Constitution (Article XIV, Section 18) and Colorado statutes
(Title 29, Article 1, Part 2) permit and encourage governments to make the most efficient and
effective use of their powers and responsibilities by cooperating and contracting with each other;
and
WHEREAS, C.R.S. § 29-1-203 authorizes government, as defined in C.R.S. § 29-1-202,
to cooperate or contract with one another to provide any function, service, or facility lawfully
authorized to each of the cooperating or contracting units if:
1. 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; and
2. any such contract shall set forth fully the purposes, powers, rights, obligations, and
the responsibilities, financial and otherwise, of the contracting parties and may
provide for the joint exercise of the function, service, or facility, including the
establishment of a separate legal entity to do so.
NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter
contained, the Parties agree as follows:
1. PREAMBLE
The Parties agree that the recitals set forth above are true and correct and those recitals
are hereby incorporated into the body of this Agreement.
11, SUPERSEDING PRIOR AGREEMENTS
The Parties agree that this Agreement shall supersede the IGA dated November 14, 1990,
the amendments thereto dated July 7, 1999, and April 5, 2002, and the Third Amended IGA.
III. DEFINITIONS
As used herein:
A. The definitions for the following terms shall be the same as set forth in C.R.S. § 29-11-
101, as may be amended: "emergency telephone charge," "911 access connection," "911 call,"
"911 surcharge," "emergency notification service" "emergency service provider," "public
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EXHIBIT A
agency," "public safety answering point" ("PSAP"), which is interchangeable with emergency
communications center("ECC"), "service supplier," and"service user."
B. "Agreement" means this Fourth Amended Intergovernmental Agreement for the
Establishment of Larimer Emergency Telephone Authority;
C. "Board" means the Board of Directors described in Section V in which the powers of the
Governing Body are vested.
D. "Bylaws"means the bylaws of the Governing Body as described in Section V(7).
E. "Emergency telephone service" means the receipt and processing of 911 calls by the
PSAP for the purpose of providing responses from emergency service providers, and may
include providing 911 call-related applications, services, programs, and systems.
F. "Governing Body" means Larimer Emergency Telephone Authority, per the definition
set forth in C.R.S. § 29-11-101(16), as may be amended.
G. "Governing Body's jurisdiction" means within the geographic boundary of Larimer
County, per the definition set forth in C.R.S. § 29-11-101(17), as may be amended. The
Governing Body's jurisdiction differs from the Governing Body's emergency telephone service
area.
H. "Governing Body's emergency telephone service area" means the collective boundaries
of the emergency service providers that are used by the PSAPs for call routing and emergency
response.
1. "Parties" means the signatories hereto, but, in the future, will not include any Party after
the effective date of such Parry's withdrawal in accordance with Section X, and will include any
new signatory admitted to this Agreement by the Board in accordance with Section VI(2)(q).
J. "Proportional basis" as used in Section X(3) means a percentage determined by the
following formula: the number of 911 access connections within each boundary of the Identified
Political Subdivisions divided by the total number of 911 access connections in the Governing
Body's jurisdiction. The Board shall determine the data to use for this calculation based on the
Board's determination of the most reliable source(s) and representative timeframes. For the
purpose of this definition only: (1)"Identified Political Subdivisions"means Larimer County and
each city and town that is a Party, and (2) the boundary of Larimer County means within the
unincorporated areas of the County. If, at the time of the calculation, Larimer County, a city, or
a town is not a Party, then the Board shall establish the formula to allocate its percentage among
the Identified Political Subdivisions who are Parties.
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EXHIBIT A
IV. ESTABLISHMENT OF
LARIMER EMERGENCY TELEPHONE AUTHORITY
The Parties establish the separate legal entity and Governing Body known as Larimer
Emergency Telephone Authority. The Governing Body may have also been referred to in prior
intergovernmental agreements as the Larimer County Emergency Telephone Authority, which is
hereby corrected. The Governing Body is created as a nonprofit, public entity established
pursuant to C.R.S. §§ 29-1-203 and 29-11-102(1)(b), as may be amended. The Parties intend
that the Governing Body be formed under the Colorado Governmental Immunity Act, C.R.S. §
24-10-101 through 120, as may be amended, and meet the Act's definition of a "public entity."
The Parties further intend that the Governing Body meet the definition of a "nonprofit
organization" under C.R.S. § 13-21-115.5, as may be amended (the Volunteer Service Act),
C.R.S. § 13-21-115.7, as amended, and C.R.S. § 13-21-116, as may be amended.
The Governing Body is an independent legal entity, separate and distinct from the
Parties. No debt, liability, or obligation of the Governing Body shall extend to or be an
obligation of a Party, unless agreed to in writing.
The Governing Body is responsible for the installation, administration, management,
operation, maintenance, upgrade, and enhancement of emergency telephone service and
emergency notification service in the Governing Body's jurisdiction. The Parties will provide
reasonable assistance and cooperation to the Governing Body as it carries out the functions,
services, and facilities described in this Agreement for the Parties.
The Parties believe that governing bodies created pursuant to Part 1 of Title 29, Article
11, including the Governing Body, are not subject to the revenue and spending limitations
imposed by Article X, Section 20 of the Colorado Constitution ("Amendment 1"), and, to the
extent that Amendment 1 may be deemed to apply to governing bodies, the Governing Body
created hereby shall operate as an enterprise within the meaning of Amendment 1 and shall
thereby be exempt from all revenue and spending limitations imposed by said Amendment.
The Governing Body is formed in conformity with C.R.S. § 29-1-203.5. The provisions
of C.R.S. § 29-1-203.5 apply to the Governing Body.
A Party whose boundaries include portions of Larimer County and another county may
be signatories on another intergovernmental agreement related to emergency telephone service
and emergency notification service in such other county.
V. THE BOARD OF DIRECTORS
1. Board. The business and affairs of the Governing Body shall be managed by a Board of
Directors consisting of seven (7) directors, each serving without compensation. The Board shall
have the power to perform all acts necessary, to fulfill the purposes for which the Governing
Body was established, whether express or implied.
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EXHIBIT A
2. Qualifications of Directors. Each director shall be either (a) a resident of Larimer
County, or (b) an elected official or full-time employee of a Party with an established scope of
responsibility and delegated authority to make and implement policy-making or management-
level decisions for the Party.
3. Appointment to the Board. Each director shall be appointed as follows:
a. The Larimer County Board of County Commissioners shall choose one (1)
individual who meets the qualifications to serve as the director to represent Larimer County. The
Larimer County Board of County Commissioners may determine the method for appointment
from time to time and shall give to the Governing Body notice of any change in its method for
appointment.
b. The City of Fort Collins appoints the City Manager or the City Manager's
designee as its one (1) individual who meets the qualifications to serve as the director to
represent the City of Fort Collins. The City Council of the City of Fort Collins may change its
method for appointment from time to time and shall give to the Governing Body notice of any
change in its method for appointment.
C. The City Council of the City of Loveland shall choose one (1) individual who
meets the qualifications to serve as the director to represent the City of Loveland. The City
Council of the City of Loveland may determine the method for appointment from time to time
and shall give to the Governing Body notice of any change in its method for appointment.
d. The Town of Estes Park appoints the Town Administrator or the Town
Administrator's designee as its one (1) individual who meets the qualifications to serve as the
director to represent the Town of Estes Park. The Board of Trustees of the Town of Estes Park
may change its method for appointment from time to time and shall give to the Governing Body
notice of any change in its method for appointment.
e. The Board as then-comprised at the time of the appointment shall solicit
nominees, nominate individually or as a slate, and appoint three (3) additional qualified directors
as follows:
l. A director to represent the Parties that are fire districts and fire authorities;
2. A director to represent the Parties that are hospital and health services districts;
and
3. A director to represent the Parties that are Colorado State University and towns
not otherwise represented on the Board, with preference given to a Party with a
PSAP.
4. Term and Removal. Directors shall serve a term of two (2) calendar years. There is no
prohibition on consecutive terns or on the number of terms. A director may be removed if
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EXHIBIT A
permitted by and pursuant to the procedures set forth in the Bylaws.
5. Voting and Quorum. Each director shall have one (1) vote. No proxy voting shall be
permitted. Directors may participate in a meeting remotely by means of telecommunication that
permits the director to hear and be heard by all individuals in attendance (audio and/or video)
and shall be deemed present for a quorum and entitled to vote at the meeting. A quorum of the
Board shall consist of four (4) directors, except that, should there be four (4) or more vacancies
at any time, then during that time, a quorum shall consist of three (3) directors. No official
action may be taken by the Board on any matter unless a quorum is present. The affirmative vote
of a majority of the Board shall be required for the Board to take action.
6. Vacancy. Any vacancy occurring as a result of a director's resignation, removal, death,
disqualification, or any other reason shall be filled for the balance of that director's unfinished
term in accordance with the applicable provision of the appointment process set forth in Section
V(3).
7. Bylaws. The Board has promulgated Bylaws detailing all governance matters it deems
necessary, including but not limited to: the scheduling and conduct of Board meetings, voting,
and director removal; establishment and responsibilities of officer positions, their terms, and the
filling of any vacancies; the establishment and responsibilities of committees; and Governing
Body operating and fiscal procedures. Such Bylaws may be amended by the Board in accordance
with the procedures set forth therein. In the event of a conflict, direct or indirect, between a
provision the Bylaws and this Agreement,this Agreement shall control.
VI. POWERS OF THE GOVERNING BODY
1. Plenary Powers. The Governing Body may cant'out all purposes of this Agreement and
may exercise all powers related thereto, including all incidental, implied, expressed, or such
other powers as necessary, except as expressly limited in this Agreement. The Governing Body
shall not have the power to levy taxes or the power of eminent domain.
2. Enumerated Powers. Without in any way limiting the plenary powers set forth in
subsection (1) above, the Governing Body is specifically authorized to undertake all actions for
the installation, administration, management, operation, maintenance, upgrade, and enhancement
of emergency telephone service and emergency notification service within the Governing Body's
jurisdiction that the Governing Body believes are necessary and appropriate and consistent with
applicable law, including but not limited to:
a. imposing, collecting, and auditing all charges and surcharges in the Governing
Body's jurisdiction as set forth in Part 1 of Title 29, Article 11, as may be amended, and
expending such funds as authorized by statute and this Agreement.
b. owning, operating, maintaining, leasing (as Lessor or Lessee), selling, or
otherwise disposing of any legal or equitable interest in real and personal property.
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EXHIBIT A
C. adopting budgets, maintaining bank accounts,and investing funds.
d. carrying over funds which have not been used in a given fiscal year to the
following fiscal year.
e. negotiating, entering into, amending(if necessary), and performing contracts.
f. adopting, reviewing, and amending the Bylaws and passing resolutions not in
conflict with this Agreement.
g. adopting, reviewing on an annual basis, and amending (if necessary) the
Governing Body's intergovernmental agreements other than this Agreement, as well as policies,
protocols, procedures, or rules and regulations (collectively, "Policies") related to the provision
of emergency telephone service and emergency notification service within the Governing Body's
jurisdiction on subjects including but not limited to:
o Human Resources
o cost sharing
o street naming
o pictometry
o geographic information systems (GIS)
o Master Street Address Guide(MSAG)
o 911 Call Flow/Routing
o use of the backup PSAP
o 911 network
o fiber optic cable (leasing and owning)
o customer-premises equipment(CPE) and other equipment
o computer aided dispatch (CAD) system
o Combined Regional Information Systems Project(CRISP)
o insurance for PSAP equipment owned by the Governing Body and located
at a facility owned by a Party
o emergency alert systems (selection and use)
o complex emergency events
o records retention and compliance with applicable law
o training, accreditation, and certification
o Emergency Medical Dispatch (EMD)
o call boxes
o finances and investments
In the event of a conflict, direct or indirect, between a provision the Policies and this Agreement,
this Agreement shall control.
h. determining who is authorized to send emergency alerts and the circumstances
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EXHIBIT A
under which they may be sent.
i. adopting a policy regarding street naming after collaboration with the Parties in
whose jurisdiction the street is located.
j. adopting systems (software, hardware, and protocols) for Emergency Medical
Dispatch (EMD).
k. conducting joint, partnership, cooperative, or other operations with other
individuals and entities.
1. employing agents, accountants, attorneys, engineers, consultants, and other
advisors.
M. incurring and paying debts, liabilities, or obligations, including borrowing and
executing documents incidental thereto.
n. issuing bonds, notes, or other obligations payable from the revenues derived or to
be derived from the revenue of the Governing Body as permitted by applicable law.
o. suing and being sued in its own name.
P. receiving contributions, gifts, bequests, grants, cash, equipment, or services from
the Parties or any other public or private individual or entity.
q. after a formal Resolution of the Board, admitting a new signatory to this
Agreement who becomes a Party without formal amendment of this Agreement, so long as each
new signatory qualifies under C.R.S. §§ 29-1-202 and 203, has the approval of its legislative
body or other authority having the power to so approve, and signs a document memorializing its
admission.
r. participating in committees, groups, and organizations at the federal, state, and
local level whose work relates to emergency telephone service and emergency notification
service, including laws, regulations, and rules related thereto.
S. any other act which the Governing Body believes is reasonably necessary for the
exercise of its powers and the performance of its obligations under this Agreement.
V11. BOOKS AND RECORDS
The Governing Body shall keep accurate and correct books of account on a modified
accrual basis, showing in detail the capital costs, costs of services, installation, maintenance and
operating costs, and the financial transactions of the Governing Body. The Governing Body's
books of account shall also correctly show any and all revenues, fund balances, costs, or charges,
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as well as all funds received by and all funds expended by the Governing Body. The Governing
Body's books and records shall be open to inspection during normal business hours upon
reasonable notice by a Party, its attorneys, accountants, or agents. The books and records of the
Governing Body shall also be made available to the public in accordance with the provisions of
Colorado's Open Records Act, as may be amended.
The Governing Body shall cause an annual audit to be conducted by an independent
Certified Public Accountant licensed to practice in the State of Colorado. The Governing Body
shall comply with the Colorado Local Government Audit Law, C.R.S. § 29-1-601 through 608,
as may be amended. The Governing Body shall comply with all other applicable federal and state
financial reporting requirements.
The Governing Body shall maintain an asset inventory list for any and all real and
personal property acquired by the Governing Body in whole or in part.
VIll. REPORTS TO PARTIES
On an annual basis, the Governing Body shall submit a comprehensive annual report to
the Parties summarizing the activities of the Governing Body during the preceding year and
make available information concerning the finances of the Governing Body.
IX. DURATION OF AGREEMENT
The Agreement and the Governing Body shall have perpetual existence as permitted by
C.R.S. § 29-1-203(l), as may be amended, unless sooner terminated in accordance with this
Agreement.
X. WITHDRAWAL, TERMINATION, AND DISSOLUTION
1. Withdrawal. Any Party may withdraw from this Agreement by providing notice to each
other Party and to the Governing Body. The withdrawal shall not be effective until at least one
calendar year after the last notice is delivered.
2. Termination by Mutual Agreement of the Parties. Upon a three quarters (3.14) majority
vote of all then-Parties, this Agreement shall be terminated and the Governing Body dissolved so
long as, at the time of the vote, at least three quarters (3i4) of the Parties have also agreed in
writing as to one or more entities who will succeed the Governing Body and undertake all
actions for the continued installation, administration, management, operation, maintenance,
upgrade, and enhancement of emergency telephone service and emergency notification service
within the Governing Body's jurisdiction. The effective date of termination shall be December
31st in the calendar year ending no less than six months after the three quarters (3i4) majority
vote for termination.
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EXHIBIT A
3. Dissolution of Governing Body. Upon the termination of this Agreement pursuant to
subsection (2) above, the Board and the Parties shall take such actions necessary to finalize and
conclude the Governing Body's operations, effect the orderly dissolution of the Governing Body,
and transition emergency telephone service and emergency notification service to the entity or
entities who will succeed the Governing Body, at the discretion of the Board. All assets of the
Governing Body shall be distributed on a proportional basis either in-kind or after liquidation, at
the discretion of the Board, except for any assets that the Board determines should be distributed
to the entity or entities who will succeed the Governing Body. The Board shall be responsible for
inventorying the assets of the Governing Body, distributing or liquidating any assets as
appropriate, concluding the affairs of the Governing Body, and transitioning emergency
telephone service and emergency notification service to the entity or entities who will succeed
the Governing Body. Subject to the exercise of the Board's discretion, a Party which has
previously made a contribution toward the purchase of a jointly owned asset may receive full
ownership of the asset upon termination; however, the Party must account to the Governing
Body for the amount that the Governing Body contributed toward purchase of the asset upon
distribution of the other assets of the Governing Body. The Parties' rights related to distribution
of assets shall survive termination of this Agreement.
M. LIABILITY OF THE BOARD OF DIRECTORS, OFFICERS,
AND EMPLOYEES OF THE GOVERNING BODY
The Governing Body and its directors, officers, and employees shall be immune from suit
and civil liability as provided by applicable law because the Governing Body is a nonprofit,
public entity and political subdivision of the State of Colorado established pursuant to C.R.S. §§
29-1-203 and 29-11-102(1)(b), as amended; the Governing Body is a public entity under the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101 through 120, as amended; and the
Governing Body is a "nonprofit organization" under C.R.S. § 13-21-115.5, as amended (the
Volunteer Service Act), C.R.S. § 13-21-115.7,as amended, and C.R.S. § 13-21-116, as amended.
In addition, the Governing Body shall purchase insurance for the Governing Body and its
Board, officers and employees which insurance will provide reasonable coverage against any
claims,suit or proceeding arising out of or relating to any act or omission under this Agreement.
MI. AMENDMENTS
This Agreement may be amended upon the affirmative vote of three-quarters (3.4) of the
then-Parties to this Agreement.
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EXHIBIT A
XIII. NOTICE
Notice to a Party is given by delivering a writing to its current address as Iisted by the
Department of Local Affairs. The Notice shall be addressed as follows: (a) to the Board in the
case of Larimer County, (b) to the Board and its Chief Executive Officer in the case of a special
district, a fire authority, or the Governing Body, (c) to the City Council in the case of cities, and
(d) to the Town Board, Town Council, or Board of Trustees in the case of Towns. A courtesy
copy shall also be delivered to the attorneys for Larimer County, cities, and towns. Failure to
deliver courtesy copies to the attorneys shall not invalidate a notice otherwise properly delivered
as provided in this Agreement. Notice to a director is given by delivering a writing addressed to
the director to the Governing Body's current address. Notice shall be effective upon receipt if
hand-delivered or three(3) days after mailing if sent by first-class or certified U.S. mail.
XIV. 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 by a Court of competent jurisdiction. The illegality of any provision
of this Agreement shall in no way affect the legality and enforceability of any other provision of
this Agreement.
XV. SUCCESSORS AND THIRD PARTIES
This Agreement shall be binding upon and shall inure to the benefit of the successors of
the Parties. This Agreement is not intended to, and does not, inure to the benefit of non-Parties to
this Agreement.
XVI. ASSIGNMENT AND DELEGATION
No Party shall assign any of the rights nor delegate any of the duties created by this
Agreement without the written approval of three-quarters (14) of the other then-Parties to this
Agreement.
XVII. COUNTERPARTS
This Agreement may be executed by original, scanned, or digital counterpart signatures
and shall have the same force and effect as if all signatures appeared on the same original.
IN WITNESS WHEREOF, the Parties have caused their representatives to affix their
respective signatures hereto.
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EXHIBIT A
COUNTY OF LARIMER ALLENSPARK FIRE PROTECTION
STATE OF COLORADO DISTRICT
By: By:
ATTEST: ATTEST:
APPROVED AS TO FORM (if applicable): APPROVED AS TO FORM (if applicable):
Date: Date:
CITY OF FORT COLLINS,COLORADO BERTHOUD FIRE PROTECTION
DISTRICT
By:
Jeni Arndt, Mayor By:
ATTEST: ATTEST:
.APPROVED AS TO FORM (if applicable): APPROVED AS TO FORM (if applicable):
Cyril Vidergar
Date: Date:
CITY OF LOVELAND,COLORADO CRYSTAL LAKES FIRE PROTECTION
DISTRICT
By:
Stephen C. Adams, City Manager By:
ATTEST: ATTEST:
APPROVED AS TO FORM (if applicable): APPROVED AS TO FORM (if applicable):
Laurie Stirman
Date: Date:
EXHIBIT A
TOWN OF BERTHOUD, COLORADO ESTES VALLEY FIRE PROTECTION
DISTRICT
By: By:
ATTEST: ATTEST:
APPROVED AS TO FORM (if applicable): APPROVED AS TO FORM (if applicable):
Date: Date:
TOWN OF ESTES PARK,COLORADO FRONT RANGE FIRE RESCUE FIRE
PROTECTION DISTRICT
By:
Wendy Koenig, Mayor By:
ATTEST: ATTEST:
Jackie Williamson, Town Clerk
APPROVED AS TO FORM (if applicable): APPROVED AS TO FORM (if applicable):
Dan Kramer
Date: Date:
TOWN OF JOHNSTOWN, COLORADO GLACIER VIEW FIRE PROTECTION
DISTRICT
By: By:
ATTEST: ATTEST:
APPROVED AS TO FORM (if applicable): APPROVED AS TO FORM (if applicable):
Date: Date:
]3
EXHIBIT A
TOWN OF TIMNATH,COLORADO LIVERMORE FIRE PROTECTION
DISTRICT
By: By:
ATTEST: ATTEST:
APPROVED AS TO FORM (if applicable): APPROVED AS TO FORM (if applicable):
Date: Date:
TOWN OF WELLINGTON,COLORADO LOVELAND RURAL FIRE
PROTECTION DISTRICT
By:
Troy Hamman, Mayor By:
ATTEST: ATTEST:
Krystal Eucker,Town Clerk
APPROVED AS TO FORM (if applicable): APPROVED AS TO FORM (if applicable):
Dan Sapienza
Date: Date:
TOWN OF WINDSOR,COLORADO LYONS FIRE PROTECTION DISTRICT
By: By:
Paul Rennemeyer, Mayor
ATTEST: ATTEST:
Karen Frawley, Town Clerk
APPROVED AS TO FORM(if applicable): APPROVED AS TO FORM (if applicable):
Ian McCargar
Date: Date:
14
EXHIBIT A
HEALTH DISTRICT OF NORTHERN PINEWOOD SPRINGS FIRE
LARIMER COUNTY PROTECTION DISTRICT
By: By;
Michael D. Liggett, Board President
ATTEST: ATTEST:
Anita Benavidez, Asst. to E.D.
APPROVED AS TO FORM (if applicable): APPROVED AS TO FORM(if applicable):
Date: Date:
PARK HOSPITAL DISTRICT POUDRE CANYON FIRE PROTECTION
DISTRICT
By: By;
Gary Hall, CIO/COO, Estes Park Health Gene Mericle, President
ATTEST: ATTEST:
Paula Collins, Secretary
APPROVED AS TO FORM (if applicable): APPROVED AS TO FORM (if applicable):
Date: Date:
THOMPSON VALLEY HEALTH POUDRE VALLEY FIRE PROTECTION
SERVICES DISTRICT DISTRICT
By: By;
Derek Bergsten, Chief
ATTEST: ATTEST:
Sean Jones, Battalion Chief
APPROVED AS TO FORM (if applicable): APPROVED AS TO FORM (if applicable):
Date: Date:
15
EXHIBIT A
COLORADO STATE UNIVERSITY RED FEATHER LAKES FIRE
PROTECTION DISTRICT
By: By:
ATTEST: ATTEST:
APPROVED AS TO FORM (if applicable): APPROVED AS TO FORM (if applicable):
Date: Date:
LOVELAND FIRE RESCUE WELLINGTON FIRE PROTECTION
AUTHORITY DISTRICT
By: By:
Jeff Swanty, Board Chair Gary Green, Chief
ATTEST: ATTEST:
Kristen Cummings Ashley Macdonald, Deputy District Manager
APPROVED AS TO FORM (if applicable): APPROVED AS TO FORM (if applicable):
Emily Powell
Date:
Date:
POUDRE FIRE AUTHORITY WINDSOR-SEVERANCE FIRE
PROTECTION DISTRICT
By: By:
ATTEST: ATTEST:
APPROVED AS TO FORM (if applicable): APPROVED AS TO FORM (if applicable):
Emily Powell
Date: Date:
1