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Home My WebLink About2001-100-08/21/2001-AUTHORIZING THE MAYOR TO EXECUTE AN IGA AMONG THE CITY OF FORT COLLINS, CITY OF GREELEY, AND THE VAN RESOLUTION 2001-100 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT AMONG THE CITY OF FORT COLLINS, CITY OF GREELEY, AND THE VANGOTM PROGRAM FOR THE PROVISION OF VEHICLE MAINTENANCE BY THE CITY OF GREELEY WHEREAS,both the City's of Fort Collins and Greeley participate in a regional vanpooling program through the VanGoTM program, which program provides, in part, vanpool services originating in the Greeley area; and WHEREAS, the City of Fort Collins has previously provided maintenance for all vans utilizing the VanGoTM program; and WHEREAS, it is in the interest of the cities of Fort Collins, Greeley, and the VanGoTM program that the parties cooperate together to aid and assist in the purpose of providing regional vanpooling services; and WHEREAS,the VanGoTM program includes the provision ofvans by the City ofFort Collins and the allocation of routes that originate in the Greeley area; and WHEREAS, the parties desire to enter into an intergovernmental agreement providing for van maintenance by the City of Greeley for those vans operating on routes that originate in the Greeley area; and WHEREAS, in accordance with the Colorado Revised Statues (C.R.S.), Section 29-1-203, governments may cooperate or contract one with another to provide any function,service or facility lawfully authorized to each of the respective units of government; and WHEREAS, in accordance with C.R.S. Section 29-1-201, governments are permitted and encouraged to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governments; and WHEREAS, pursuant to the foregoing, and Section i-19(a) of the City Code, the Council has determined that the aforesaid intergovernmental agreement is in the best interest of the City. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor be,and hereby is,authorized to execute an intergovernmental agreement between and among the cities of Fort Collins and Greeley and the VanGoTM program for the purpose of providing vehicle maintenance services by the City of Greeley in substantially the form set forth on Exhibit "A", together with such modifications and additional terms as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the City Council held this 21 st day of August, A.D. 2001. i Mayor ATTEST: - IaL�� City Clerk EXHIBIT "A" INTERGOVERNMENTAL AGREEMENT PROVIDING FOR VANGOTM VEHICLE MAINTENANCE SERVICES THIS AGREEMENT, is made by and between the CITY OF GREELEY, COLORADO (hereinafter referred to as"Greeley"),and the CITY OF FORT COLLINS,COLORADO(hereinafter referred to as "Fort Collins"), and "THE VANGOTM PROGRAM" (hereinafter referred to as VanGoTM), a regional alternative transportation program provided through the North Front Range Transportation and Air Quality Planning Council. WITNESSETH THAT: WHEREAS, in accordance with Colorado Revised Statutes, §29-1-203, governments may cooperate or contract one with another to provide any function,service or facility lawfully authorized to each of the respective units of government; and WHEREAS, in accordance with §29-1-201, C.R.S., governments are permitted and encouraged to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governments; and WHEREAS, both Fort Collins and Greeley participate in regional vanpooling through VanGoTM; and WHEREAS,it is in the interest of each of the parties that they may have service of and from the other party to aid and assist them for the purpose of providing regional vanpooling services to their citizens; and WHEREAS,part of VanGoTM includes the provision of vans by Fort Collins and allocated to routes that originate in Greeley; and WHEREAS, this Agreement covers the scope of services each party will provide in connection to vans for regional vanpools originating in Greeley. NOW, THEREFORE, in consideration of the promises hereafter set forth, it is mutually agreed by and between the parties as follows: I. FORT COLLINS RESPONSIBILITIES. A. Fort Collins will provide vans to be used as part of the Regional Alternative Transportation Program through VanGoTM, allocated to routes that originate in Greeley. The vans currently assigned to routes originating in Greeley are identified as follows: AN# VEHICLE IDENTIFICATION NUMBER 0217 1 GAHG39R611220197 50219 1 GAHG39G111225595 50220 1 GAHG39G411224036 5936 1 GAGG29ROX 1117355 634 1 GKEL19WOVB500427 606 1GJHG39R4V1088319 637 1 GNEL 19 WXWB l l2724 919 2B4GH45JSR330570 921 IlFBJS3lG2TRA35287 0201 11GNEL19W91BI21074 These vans may be replaced with newer vans or appropriate size vans as the number of participants in the vanpools change. Fort Collins may recall any of the above vans, or provide additional vans for vanpooling originating in Greeley through VanGoTM. Any additional vans maintained by Greeley shall be identified through an Addendum which will become a part of this agreement. The above referenced vans and any future vans allocated to this program which fall under this Agreement are hereinafter referred to as "vans." B. Fort Collins will retain title of the VanGoTM vans. C. Fort Collins will provide commercial liability insurance coverage for the vans, with limits of$1,000,000 per occurrence. D. Fort Collins will coordinate the IM240 and local emissions tests for the vans. E. Fort Collins will provide Greeley with a maintenance history of each van under this Agreement. F. Fort Collins and/or VanGoTM shall indemnify,save and hold harmless Greeley,its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against Greeley; and for Greeley's costs and reasonable attorney's fees,arising directly or indirectly out of Fort Collins' and/or VanGOTM's negligent performance of any of the services of its drivers or provision of a faulty vehicle furnished under this Agreement. II. GREELEY RESPONSIBILITIES. A. Greeley will provide vehicle maintenance service for the vans, including after-hours and emergency mechanic support. B. Greeley will invoice Fort Collins' Fleet Services Department for all repair costs on a monthly basis. These repair costs will,in turn,be billed to VanGoTM. These costs shall include parts, supplies, sublet, labor and equipment maintenance -2- services overhead applicable to maintenance and repair of vans. The maintenance service charges shall be parts at cost plus ten percent(10%) for supplies, sublet at cost and the labor and overhead rate is $45 per hour. The maintenance service charges shall be renewed and negotiated annually. Fort Collins' Fleet Service Department shall be notified of any charges. C. All repairs, other than routine preventative maintenance and windshield repairs, must be approved by Fort Collins through its Transfort Shop Supervisor and VanGoTM Van Pool Manager prior to any work being performed on the vans. D. Greeley,through its Fleet Manager,will provide an effective vehicle maintenance program that meets all manufacturer's requirements for the vans, and will document the maintenance process including hours of operation and after hours emergency support information. The Fleet Manager or representative will be responsible for notifying vanpool coordinators of required maintenance at least a week ahead and scheduling maintenance and repairs with the vanpool coordinators. E. Greeley shall indemnify,save and hold harmless Fort Collins and VanGoTM,their officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against Fort Collins and/or VanGoTM;and for Fort Collins'and/or VanGoTM costs and reasonable attorney's fees,arising directly or indirectly out of Greeley's negligent performance of any of the services famished under this Agreement. III. VANGOTM RESPONSIBILITIES A. VanGoTM,through Fort Collins,will provide a full-size van that will be retained, maintained and secured in Greeley and will be used solely as a backup vehicle. B. VanGoTM will routinely provide a listing of Greeley vanpool riders and coordinators to Greeley. C. VanGoTM will routinely provide mileage and usage reports on vans as needed by Greeley to plan maintenance of vans. D. VanGoTM will provide Greeley with Fort Collins Accident/Incident reports on all vans to be used to report any damage to the vans. IV. MISCELLANEOUS PROVISIONS. A. Term. The term of this agreement shall be for one(1)year commencing upon the execution of this agreement,unless sooner terminated or extended pursuant to any provision hereof. This agreement maybe renewed annually for four(4)additional one-year terms at the option of the parties provided that adequate appropriations are available from year to year for performance of the agreement. -3- B. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default. C. Remedies. In the event a party has been declared in default,such defaulting party shall be allowed a period often(10)days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to(a) terminate the agreement and seek damages;(b)treat the Agreement as continuing and require specific performance; or(c) avail itself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party,the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney's fees and costs incurred because of the default. D. Bindiniz Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns. E. Law/Severability. The laws of the State of Colorado shall govern construction, interpretation, execution and enforcement of the Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. This Agreement will become effective two weeks after its signing and may be terminated by any party upon the giving of at least thirty(30) days advance written notice to all parties. Signed and dated this day of , 2001. CITY OF GREELEY, COLORADO By: Mayor ATTEST: APPROVED AS TO SUBSTANCE: By: City Clerk City Manager AVAILABILITY OF FUNDS: APPROVED AS TO LEGAL FORM: By: By: Director of Finance City Attorney -4- CITY OF FORT COLLINS, COLORADO By: Mayor ATTEST: City Clerk APPROVED AS TO LEGAL FORM: By: Deputy City Attorney VANGOTM By: Executive Director North Front Range Transportation and Air Quality Planning Council -5-