Loading...
HomeMy WebLinkAbout2000-110-09/05/2000-AUTHORIZING THE MAYOR TO ENTER INTO AN IGA WITH THE POUDRE SCHOOL DISTRICT FOR THE ADMINISTRATION OF RESOLUTION 2000-110 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE POUDRE SCHOOL DISTRICT R-1 FOR THE ADMINISTRATION OF THE SCHOOL CROSSING GUARD PROGRAM WHEREAS, the City and the Poudre School District R-1 (the "School District') have determined that the School Crossing Guard Program(the 'Program")provides increased safety for students crossing arterial streets located near elementary schools; and WHEREAS,the City and the School District have worked together to establish a financing mechanism whereby the School District can feasibly administer the Program; and WHEREAS, the City Council has determined that it is in the best interests of the citizens, and particularly the children, of Fort Collins that the Program be financially supported as provided in the proposed Intergovernmental Agreement attached hereto as Exhibit "A". 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 the City and Poudre School District R-1 for the administration of the School Crossing Guard Program in substantially the form attached hereto as Exhibit "A", subject to such modifications in form or substance as the City Manager,in consultation with the City Attorney,may deem necessary to effectuate the purposes of this Resolution or to protect the interests of the City. Passed and adopted at a regular meeting of the City Council held this 5th day of September, A.D. 2000. Mayor ATTEST: City Clerk EXHIBIT "A" INTERGOVERNMENTAL AGREEMENT FOR THE ADMINISTRATION OF A SCHOOL CROSSING GUARD PROGRAM TIES INTERGOVERNMENTAL AGREEMENT is entered into this day of September, 2000 by and between the City of Fort Collins, Colorado (the "City") and the Poudre School District R-1 (the "School District"). WHEREAS, the City and the School District have determined that the School Crossing Guard Program (the "Program") provides increased safety for students crossing arterial streets located near elementary schools; and WHEREAS,the City and the School District have worked together to establish a financing mechanism whereby the School District can feasibly administer the Program; and WHEREAS,the City Council and the School District Board have heretofore authorized the execution of this Intergovernmental Agreement for the purpose of ensuring that the Program will be administrated by the School District and, to the extent permitted by law, funded in part by the City. NOW THEREFORE,in consideration of the mutual promises of the parties and other good and valuable consideration,the receipt and adequacy of which is hereby acknowledged,the parties agree as follows: 1. Commencing October 1,2000,the School District shall assume all responsibility for the establishment, operation and administration of the School Crossing Guard Program (the "Program")for the purpose of providing crossing guards and substitutes so as to enhance the safety of students crossing arterial streets within the City and located near elementary schools operated by the School District. 2. The School District shall assume all liability and responsibility for the operation of the Program, and shall provide all crossing guards with uniforms, appropriate outer wear, identification badges and all necessary training. 3. The City hereby authorizedthe School District,through its aforesaid crossing guards, to stop traffic on City streets at the crossing locations administratively established by the City and School District, as necessary to afford crossing safety for students. 4. In consideration of the provision by the School District of the Program, the City agrees to remit to the School District the sum of$32,000 in support of the Program upon execution of this Agreement for the provision of the Program for the remainder of the year 2000. 5. The City agrees to remit to the School District the sum of$94,350 to support the School District's operation of the Program in the year 2001, and the sum of$94,350 each year thereafter that the Program is operated by the School District until such time as the School District's financial contribution and support of the Program equals$94,350,at which time the City shall share equally with the School District any increased expenses over said total combined annual cost of $188,700. 6. In the event that the School District should cease to operate the Program, it shall remit to the City its prorata share of any funds which had theretofore been delivered by the City to the School District in support of the Program, prorated to the date that the School District ceased operation. 7. All financial obligations ofthe City for fiscal years 2001 and following arising under this Agreement are contingent upon funds being annually appropriated in support of this Agreement by the City Council,and if such funds are not appropriated,then this Agreement shall terminate and be of no further force or effect. If such funds are appropriated, then this Agreement shall be automatically extended for each ensuing year during which such funds have been appropriated. 8. Following the year 2000, all payments to be made by the City to the School District shall be paid on or before the 15' day of January of each such year. 9. In the event that either party should fail to perform according to the terms of this Agreement, the singular remedy of either party against the other shall be termination of this Agreement upon the giving to the other party of thirty(30)days advance written notice. In addition, this Agreement may be terminated by either party, without cause, upon the giving of thirty (30) days advance notice. In the event of any such termination, any funds theretofore remitted by the City to the School District shall be refunded to the City in the amount proportionate to the time previously elapsed during the applicable annual period. 10. This Agreement shall not be construed as or deemed to be an Agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. The School District further indemnifies and holds harmless the City against any liability,damages or claims for injury arising as a result of the School District's operation of the Program. The provisions of this paragraph (10) shall survive any termination as provided in paragraph (9). 11. This Agreement shall be construed according to its fair meaning, and as if prepared by both parties hereto, and shall be deemed to be and contain the entire understanding and agreement between the parties hereto pertaining to the matters addressed in this Agreement,and this Agreement shall enure to the benefit of the parties, their representatives, successors and assigns. 2 IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first above written. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation ATTEST: By: Randolph R. Martinez Mayor City Clerk APPROVED AS TO FORM: Deputy City Attorney POUDRE SCHOOL DISTRICT BOARD OF EDUCATION By: President ATTEST: Board Secretary 3