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HomeMy WebLinkAbout1998-028-02/17/1998-AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT AMONG THE NORTHERN COLORADO REGIONAL RESOLUTION 98-28 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT AMONG THE NORTHERN COLORADO REGIONAL CITIES, COUNTIES AND TOWNS FOR THE PURPOSE OF FACILITATING THE SHARING AND EFFICIENT USE OF LOCAL GOVERNMENT SERVICES AND RESOURCES WHEREAS,the Cities of Fort Collins, Loveland, Evans, Greeley, the Towns of Berthoud, Windsor, Wellington, Milliken, Timnath, Johnstown, and Larimer and Weld Counties (the "Participating Entities") have participated in the Northern Colorado Regional Planning Study (the "Study") completed in June 1995 in cooperation with the State of Colorado Department of Local Affairs; and WHEREAS,the city councils, town boards and county commissioners of the Participating Entities have also appropriated funds for the purposes of cooperating in the completion of the Study; and WHEREAS, on September 19, 1995, the Council of the City of Fort Collins adopted Resolution 95-134 accepting certain recommendations outlined in the Study and expressed its intention to continue to cooperate with the other Participating Entities in crafting a regional framework for the implementation of said recommendations; and WHEREAS, each of the Participating Entities has indicated its desire to continue efforts related to regional cooperation, and has directed staff to develop a proposed intergovernmental agreement to facilitate the efficient use and sharing of local government services and resources among the Participating Entities; and WHEREAS, pursuant to Section 29-1-203, 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, under Article II, Section 16 of the City Charter, the City Council may, by ordinance or resolution,enter into contracts with other governmental bodies to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies; and WHEREAS, representatives of the Participating Entities have been collaborating over the past several years to explore ways to enhance the working relationships among the cities, counties and towns of the Northern Front Range; and WHEREAS, the councils, commissions and town boards of the Participating Entities have determined it to be in the best interests of their respective communities to enter into an intergovernmental agreement to authorize the exchange of resources and services under appropriate circumstances, and to establish the terms and conditions upon which such exchange should occur. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby approves the terms and conditions contained in the Intergovernmental Agreement attached hereto and incorporated herein by this reference as Exhibit "A," which Agreement pertains to the sharing of services and resources as needed and requested by and among the Cities of Evans, Fort Collins, Greeley, Loveland, the Towns of Berthoud, Eaton, Estes Park, Kersey,Johnstown,Milliken, Timnath, Wellington, Windsor, and the Counties of Larimer and Weld. Section 2. That the Mayor is hereby authorized to execute said Agreement,with any such minor changes in form or substances as she, in consultation with the City Manager and the City Attorney, may deem necessary to effectuate the purposes and intent of this Resolution. Passed and adopted at a regular meeting of the City Council he is 17th day of February, A.D. 1998. i --'TTayor ( ; ATTEST: City Clerk Exhibit "A" INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is made and entered into this day of March, 1998, by and between THE CITY OF FORT COLLINS, COLORADO("Fort Collins"); the CITIES OF EVANS, GREELEY and LOVELAND; THE TOWNS OF BERTHOUD, EATON, ESTES PARK, JOHNSTOWN, KERSEY, MILLIKEN, TIMNATH, WELLINGTON, and WINDSOR; and the COUNTIES OF LARIM[ER and WELD, hereinbelow collectively referred to as the"Participating Entities." WITNESSETH: WHEREAS, pursuant to Section 29-1-203, C.R.S., governments may cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of the cooperating or contracting units of government; and WHEREAS, pursuant to Section 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,under Article II, Section 16 of the Charter of the City of Fort Collins, the Fort Collins City Council may, by ordinance or resolution, enter into contracts with other governmental bodies to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies; and WHEREAS, representatives of the Participating Entities have been collaborating over the past several years to explore ways to enhance the working relationships among the cities and towns of the Northern Front Range; and WHEREAS, the councils, county commissioners, and town boards of the Participating Entities have determined it to be in the best interests of their communities to enter into an intergovernmental agreement to authorize the exchange of resources and services under appropriate circumstances, and to establish the terms and conditions upon which such exchange should occur. NOW THEREFORE, in consideration of the mutual covenants hereinbelow contained, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Exchange of Services and/or Resources. Should any of the Participating Entities determine a need for a governmental or proprietary service or resource not found within its own jurisdiction, the manager or other chief administrative officer of said Participating Entity (the "Requesting Entity") shall evaluate whether the need would be appropriate for an exchange of 1 services or resources under this agreement. In making this determination, the Requesting Entity shall consider the nature and complexity of the subject need; the amount of time required to address the need;the level of expertise required;the availability of equipment needed; and any other factors which the Requesting Entity may consider to be relevant. Upon a determination that an exchange of services or resources would be appropriate under this agreement, the Requesting Entity may contact the manager or other chief administrative officer of one or more of the other Participating Entities (the"Responding Entity") to request the provision of such services or resources. Upon communication of any such request, each Responding Entity, in its sole discretion, shall determine whether such services or resources may be provided without unduly interfering with or hindering the Responding Entity's ability to provide services within its own community. Each Responding Entity shall notify the Requesting Entity within five(5)working days as to whether the request for services or resources can be accommodated. If so, the manager or other chief administrative officer of each such Responding Entity may assign staff and/or provide the resources that have been mutually agreed to by the parties. 2. Reimbursement of Costs. It shall be left to the discretion of the Responding Entity providing the services and/or resources to determine whether to seek reimbursement for out-of- pocket expenses incurred in rendering the requested services or resources. Such expenses may include, without limitation, costs of reproducing documents, mileage, long-distance telephone calls, or any other expenses deemed appropriate by mutual agreement of the Responding and Requesting Entities. In the event that any such payment is requested for services or resources provided, said payment shall be made within thirty(30) days of the date of receipt of any billing therefor. 3. Employment Status. Throughout the delivery of the requested services, all employees assigned to the Requesting Entity shall respond to the needs outlined and mutually agreed to by the Responding and Requesting Entities, but shall continue to be employed solely by the Responding Entities. The delivery of such services to the Requesting Entity shall be considered to be within the scope of the performance of the employees' duties for, and employment by, the Responding Entity. 4. Indemnification. To the extent permitted by law,the Requesting Entity shall indemnify and hold harmless each Responding Entity, its officers, employees and agents, from and against all liabilities, claims and demands which may arise from the negligent acts or omissions of the Responding Entity's employees or any of its subordinates, agents or other persons acting under its authority. In addition,the Requesting Entity shall indemnify the Responding Entity for all costs and expenses related to defending such liabilities, claims and demands, including, without limitation, litigation costs and attorney's fees,whether or not such liabilities, claims or demands are groundless, fiivolous, false or fraudulent. However,the parties agree that all such liabilities, claims and demands shall be subject to any notice requirements, defenses, immunities or limitations to liability that the Requesting Entity may have under the Colorado Governmental Immunity Act (Section 24-10-101, C.R.S., et seq.) and to any other defenses, immunities or limitations to liability available to the Requesting Entity under the law. 2 5. Term. The term of this agreement shall continue for a period of one (1)year from the date hereof and shall be automatically renewed for successive one(1)year periods unless terminated by any party. Any party may terminate this agreement at the close of any one (1) year period by providing written notice of termination to the other party not less than thirty(30) days prior to the close of the one (1) year period then in effect. IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and year first above written. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney THE CITY OF EVANS, COLORADO A Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 3 THE CITY OF GREELEY, COLORADO A Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney THE CITY OF LOVELAND, COLORADO A Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 4 THE TOWN OF BERTHOUD, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney THE TOWN OF EATON, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 5 THE TOWN OF ESTES PARK, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney THE TOWN OF JOHNSTOWN, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 6 THE TOWN OF KERSEY, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney THE TOWN OF MILLIKEN, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 7 THE TOWN OF THANATH, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney THE TOWN OF WELLINGTON, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 8 THE TOWN OF WINDSOR, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney THE COUNTY OF LARIIv1ER, COLORADO By: Chair, Board of Commissioners ATTEST: Deputy Clerk and Recorder APPROVED AS TO FORM: County Attorney 9