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.
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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
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